SCA/9760/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9760 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= BANSILAL DHANSUKHLAL KHARVA - Petitioner(s) Versus DEPUTY COLLECTOR & 1 - Respondent(s) ========================================================= Appearance : MR MOHMEDSAIF HAKIM for Petitioner(s) : 1, MS BHAVIKA KOTECHA, AGP for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 29/07/2008 ORAL JUDGMENT 1. Rule. Learned AGP Ms. Bhavika Kotecha waives service of notice of rule for the respondents. 2. With the consent of the learned Counsel appearing for both the sides, the matter is SCA/9760/2008 2/3 JUDGMENT finally heard. 3. The petitioner by way of this petition has challenged the order passed by the Deputy Collector dated 24.9.2004 whereby the stamp duty is assessed at Rs. 1,64,332/- plus Rs. 250/- penalty, total Rs. 1,64,582/-. 4. Heard Mr. Hakim learned Counsel for the petitioner and Ms. Bhavika Kotecha learned AGP for the respondents. 5. Ms. Bhavika Kotecha learned AGP under the instruction of GP states that the State Government has taken decision to reconsider all cases, where the Deputy Collector has exercised the power in mechanical manner, without considering the facts and circumstances, and he submitted that the implementation of the order shall not be made, and he has no objection, if the order is quashed and the matter is restored to Deputy Collector, but the petitioner may remain present before the Deputy Collector within some reasonable time for showing cause as to why the assessment should not be made. 6. In view of the above, impugned order passed by SCA/9760/2008 3/3 JUDGMENT the Deputy Collector dated 24.9.2004 is quashed and set aside with the direction that the matter shall stand restored to the Deputy Collector. The petitioner shall submit reply within four weeks. The Deputy Collector shall decided the matter afresh after giving opportunity of hearing to the petitioner in accordance with law. 7. Ms. Bhavika Kotecha learned AGP submitted that the reference may be made to the statement made in the proceedings of Special Civil Application No. 3926 of 2006 and allied matter. 8. It is hardly required to be clarified that when the order is quashed, there shall not be any recovery until afresh order is passed by the Deputy Collector. In the event, if petitioner aggrieved by a fresh order, which may be passed by the Deputy Collector, the petitioner may resort to remedy as may be permissible in law. 9. The petition is allowed to the aforesaid extent. Rule made absolute accordingly. (JAYANT PATEL, J.) Suresh*