1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.577 OF 2011 Zarana Properties Pvt. Ltd. & Ors. .. Petitioners. Vs. Chief Controlling Revenue Authority & Ors. .. Respondents. Mr.Abhijit A.Desai i/b Ajit Anekar for the petitioners. Ms.Aparna Vhatkar AGP for respondent nos.2 and 3. CORAM : D.B.BHOSALE & U.D.SALVI, JJ. DATED : APRIL 26, 2011. P.C. 1. Heard learned counsel for the parties. 2. Rule. Rule is made returnable forthwith. By consent the petition is taken up for final hearing. Ms.Vhatkar, learned A.G.P. waives service on behalf of respondent nos.2 and 3. 3. This petition is directed against the order passed by respondent no.1 – Chief Controlling Revenue Authority, Maharashtra State, Pune dated 18.8.2010 whereby the petitioners have been directed to pay short levied stamp duty of Rs.13,92,000/- within ten days from the date of order. Mr.Desai, learned counsel for the petitioners at the outset submitted that the impugned order has been passed without hearing the petitioner and hence he prayed for setting aside the order and remanding the matter to respondent no.1 for fresh hearing. On instructions, he further submitted that the petitioners are prepared to deposit the amount of short levied stamp duty with respondent no.2, S 2 without prejudice to the petitioner’s rights and contentions. Learned A.G.P. submits that if the petitioner is directed to pay the entire amount towards short levied stamp duty, she has no objection for setting aside the impugned order and remanding the matter to respondent no.1 for hearing afresh. Having considered overall facts and circumstances of the case and the submissions advanced by learned counsel for the parties we are satisfied that the following order shall meet the ends of justice: The order dated 18.8.2010 impugned in the present writ petition, is set aside. The revision case no.21 of 2009 is restored to file. Respondent No.1 – Chief Controlling Revenue Authority shall consider the case afresh and decide the same after giving an opportunity of being heard to the petitioner, as expeditiously as possible and preferrably within a period of 16 weeks from the date of receipt of this order. The petitioners are directed to deposit Rs.13,92,270/- with respondent no.2 within a period of three weeks from today without prejudice to their rights and contentions and subject to the order, that will be passed by respondent no.1. All contentions of the parties are kept open. It is needless to mention that if the short levied stamp duty is either reduced or cancelled, the amount deposited by the petitioner shall be refunded, after adjusting the short levied stamp duty that will be determined by respondent no.1 within 12 weeks from the date of the decision. Rule is made absolute in terms of this order. No costs. (U.D.SALVI,J.) (D.B.BHOSALE,J.)