1 W.P.No.974/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 974 OF 2010 Madhukar G. Desai ).. Petitioner Versus The State of Maharashtra through the Collector of ) Stamps ).. Respondent Mr. S.M. Sakhardande with Mr. P.H. Dharmadhikari for the Petitioner. Mr. Milind More, Assistant Government Pleader, for the Respondent. CORAM : MOHIT S. SHAH, C.J. AND S.C. DHARMADHIKARI, J. DATED : 12TH JULY 2010 P.C. The petitioner’s grievance in this petition under Article 226 of the Constitution of India is that although the respondent authority had taken away stamp papers worth Rs.36,278/- in the year 2002 for examining whether the stamp papers are genuine or not, the petitioner is not paid any amount towards the value for the same. 2. Mr. More, the learned Assistant Government Pleader for the State, states that a large number of stamp papers were taken to check the genuineness and about 5% of the stock held by the petitioner was taken to check their genuineness, some time is likely to be taken. It is further stated 2 W.P.No.974/10 that out of the total stock so taken for the purposes of checking, some stock in the first installment was sent to Indian Security Press, Nashik for examining about genuineness on 1st August 2004 and they received a report of the India Security Press on 8th October 2009. The necessary action has been taken about forged stamps and refund procedure has been initiated. Now remaining portion of the stock will be sent for examination to India Security Press, Nashik and that the petitioner’s stock is included in the said second installment stock. The learned counsel, however, is not in a position to indicate any time limit within which such examination will be completed. 3. In view of the fact that the stock was taken for checking as far as back in the year 2002, it will be appropriate to direct the respondents to complete the examination of the stamp papers for the purpose of ascertaining their genuineness as expeditiously as possible. In case the stamp papers are found to be genuine, the petitioner would be suffering loss of the value of the stamp papers and also reasonable rate of interest thereon since the year 2002. 4. We, therefore, dispose of this Writ Petition with a direction to the respondent that as and when the respondent finds the stamp papers collected from the petitioner to be genuine, the value for the same shall be paid with interest at the rate of 8% (eight percent) per annum from the date the stamp papers were collected from the petitioner. 3 W.P.No.974/10 5. It is clarified that in case the stamp papers are not found to be genuine, this order does not preclude the respondent from taking appropriate action against the petitioner in accordance with law. 6. Writ Petition disposed of accordingly. CHIEF JUSTICE S.C.DHARMADHIKARI, J.