1 12 wp 5956.10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srk WRIT PETITION NO.5956 OF 2010 Andhra Bank ..Petitioner. v/s. Collector of Stamps, Mumbai ..Respondents. .... Ms. Gautambala Nandeshwar i/b M.V.Kini & Co. for the Petitioner. Mr. R.M.Patne, AGP for the Respondent. .... CORAM : J.H.BHATIA, J. DATE : 31ST AUGUST, 2010. P.C. 1 The Petitioner Andhra Bank had purchased 51 Flats from MHADA and stamp duty was paid on the conveyance. It appears that an audit objection was raised about the stamp duty paid on the conveyance of the said documents. The Chief Controlling Revenue Authority, Pune passed the impugned order dated 30th March, 2009 directing the Petitioner to pay court fees of `45,46,575/- and penalty thereon at the rate of 2% per month. That order is challenged in the present Petition. It is contended 2 12 wp 5956.10.doc that no notice was served on the Petitioner before the order was passed. In para 7 of the impugned order, it is mentioned that none had appeared for the Non-applicant i.e. present Petitioner inspite of service of repeated notices. Any how the fact remains that Petitioners were not heard in that matter. 2 In view of the circumstances, with consent of the learned counsel for the parties, the impugned order is hereby set aside and the Chief Controlling Revenue Authority is directed to hear the Petitioners and pass the appropriate order on its own merits. The Petitioners shall appear before the Chief Controlling Revenue Authority on 21st September, 2010. 3 The Petition stands disposed of accordingly. [ J.H.BHATIA, J. ]