SCA/8231/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8231 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 ? ========================================================= SURYAKANT KANTILAL LEHRI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR UMANG K CHOKSI for Petitioner(s) : 1, MS HANSA PUNANI, AGP for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 15/07/2008 ORAL JUDGMENT 1. Rule. Ms.Punani, learned AGP waives notice of Rule for the respondent. SCA/8231/2008 2/3 JUDGMENT 2. The matter is finally heard with the consent of the learned advocates appearing for both the sides. 3. The only contention which is required to be considered in the present petition is whether the Collector of Stamp Duties was justified in passing the printed order without considering the facts and circumstances of the case. 4. Upon hearing the learned advocate appearing for the petitioner, Ms.Punani, learned AGP, and the perusal of the order (Annexure-C) shows that the printed order has been issued by the Collector for assessment of the Stamp Duty. 5. The learned AGP appearing for the State Authorities concedes that in view of the earlier decision of this Court (Coram:M.D.Shah,J.) dated 14.05.2008 in Special Civil Application No.5033/08, which is based on the Division Bench Judgement of this Court, the impugned order cannot sustain in the eye of law and she declared that the Collector shall reconsider the matter from the stage of show- cause notice and the petitioner may submit the reply and the matter will be considered afresh. 6. In view of the above, as the issue is covered by the above referred decision of this Court, no further discussion may be required. SCA/8231/2008 3/3 JUDGMENT 7. Hence, the impugned order is quashed and set aside with the direction that the matter shall stand restored to the Collector of Stamp Duties and the petitioner shall submit the reply within one month from today. Collector shall pass afresh order after giving opportunity of hearing to the petitioner in accordance with law. 8. Petition is allowed to the aforesaid extent. Rule made absolute accordingly. (JAYANT PATEL, J.) *bjoy