-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION Writ Petition No. 8450 of 2007 Mhaiskar Infrastructure Pvt.Ltd. ..Petitioner vs. 1. State of Maharashtra & Ors. ..Respondents Mr.D.J.Khambatta i/b M/s Govind Desai Associates for petitioner. Mr.V.A.Sonpal, A.G.P. for respondents CORAM: CORAM: CORAM: S.C.DHARMADHIKARI J. S.C.DHARMADHIKARI J. S.C.DHARMADHIKARI J. 27th NOVEMBER, 2007 27th NOVEMBER, 2007 27th NOVEMBER, 2007 P.C. P.C. P.C. 1. The petitioner has impugned in this petition the order of Chief Controlling Revenue Authority dated 10th October, 2007 dismissing its appeal and directing to pay the deficit stamp duty of Rs.27,54,00,000/- This is an appeal to the authority challenging the order dated 16th September, 2005 passed under sec.33 of the Bombay Stamp Act, 1958. 2. The grievance raised by Mr.Khambatta, learned Senior Counsel appearing for the petitioner/original appellant is that it was not heard before the impugned order was delivered. -2- 3. He relies upon the communication and endorsement in the impugned order. 4. The order proceeds on the basis that one Mr.Nitin Gadve represented the petitioner/appellant. However, after the copy of the order was received the petitioner protested and pointed out that Mr.Gadve was not present. His appearance is wrongly recorded and none on their behalf had attended the hearing. 5. Mr.Sonpal after taking instructions from Mr.Kale, Legal Officer with the Chief Controlling Revenue Authority states that it is true that the petitioner was not represented by Mr.Nitin Gadve but he was represented by some other Advocate. Mr.Khambatta states that even the other Advocate did not remain present on the relevant date. 6. Mr.Sonpal disputes this fact but from the file he could not produce anything to show that other Advocate was indeed present and heard. 7. Be that as it may, Mr.Sonpal, learned A.G.P. upon taking instructions, states that the Chief Controlling Revenue Authority would have no -3- objection to hear Appeal no.10 of 2006 afresh and after hearing the petitioner/appellant or their Advocate pass a reasoned order. 8. Mr.Khambatta submits that he has instructions to make a statement that Mr.Sharan Jagtiani, Advocate would appear before the Chief Controlling Revenue Authority on the date and time fixed by this Court. Accordingly, it is directed that the Chief Controlling Revenue Authority shall hear the subject appeal afresh after giving an opportunity to the petitioner/appellant and pass reasoned order in accordance with law. Parties to appear before the Chief Controlling Revenue Authority on 13th December, 2007 at 11.00 a.m. 9. Needless to state that the order under challenge is quashed and set aside and until the appeal is decided by the Chief Controlling Revenue Authority no coercive measures to enforce the order of the lower authority shall be taken. All contentions on merits are expressly kept open. The petitioner/appellant to cooperate in early disposal of the appeal. Petition made absolute in above terms. No costs. -4- (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)