IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4163 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgement? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- KAMLABEN W/O MAHENDRAKUMAR SISODIYA Versus DY COLLECTOR -------------------------------------------------------------- Appearance: MR SL VAISHYA for Petitioner MR BH BHAGAT for MR HM BHAGAT for Respondents -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 15/03/2000 ORAL JUDGEMENT Mr.Bhagat has very candidly stated that with regard to the properties situated outside the Municipal limits of Ahmedabad, Rajkot, Bhavnagar, Jamnagar and Surat, the Stamp Duty Act is not applicable in case they are less than 100 sq.mtrs. It is also stated that the petitioner's case is factually correct that the property in question is less than 100 sq.mtrs. and is situated in Deesa, Banaskantha District. Mr. Bhagat has submitted that the case of the petitioner is covered by the Govt. Resolution dated 27th October 1998 issued by the Revenue Department, Govt. of Gujarat, copy of which has been placed on record with the petition as Annexure.D. In this view of the matter, the impugned order dated 3rd June 1998 passed by the respondent no.1 at Annexure.A with the petition is hereby quashed and set aside. The order dated 16th January 1999 passed by the respondent no.2 at Annexure.B is also quashed and set aside. This Special Civil Application is accordingly allowed. Rule is made absolute. No order as to costs. (M.R. Calla, J.) ****** Sreeram.