:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 103 OF 2006 PUBLIC INTEREST LITIGATION NO. 103 OF 2006 PUBLIC INTEREST LITIGATION NO. 103 OF 2006 Kiran Devkumar Jadhav & Anr. ..Petitioners versus The City Survey Officer, Sangli & Ors. ..Respondents Mr. S. P. Kadam for the Petitioners. Mr. S. R. Nargolkar, AGP for the Respondents - State. CORAM : BILAL NAZKI And CORAM : BILAL NAZKI And CORAM : BILAL NAZKI And S. A. BOBDE, JJ. S. A. BOBDE, JJ. S. A. BOBDE, JJ. DATE : 16TH JANUARY, 2008. DATE : 16TH JANUARY, 2008. DATE : 16TH JANUARY, 2008. P.C. P.C. P.C. 1. This Petition is filed in the public interest, seeking the following reliefs: "b. The City Survey Officer Sangli be directed by an order of this Hon’ble Court to send all the orders of attachment and or creating charge on immovable properties between 2001 to 13/4/2005 to Collector of Stamps / Joint Registrar Stamps for assessment of registration fees and stamp duty on all such documents; c. That the Respondent Nos. 2 and 3 be directed by an order of this Hon’ble Court to impound all the unregistered instruments accepted by the office of Respondent No. 1 and then to follow the procedure of law and to take appropriate action in the matter; :2: d. That the Respondent authorities be directed to recover the registration fees and stamp duties on all such documents as per the procedure of law; e. That the appropriate officer of the Government be directed to prosecute the Recovery officers who have used face Government Seals to evade stamp duty in the above matter; 2. Learned counsel for the respondents submits that there are two stages when certain charges are created over the immovable property on advancement of loan. At the first stage when the loan is advanced the charge is created and in case of default i.e. the second stage, the matter is referred to Local Authorities and at the first stage normally stamp duty is paid and therefore at second stage no stamp duty is needed to be paid. 3. Grievance of the petitioners is that when the charge is created on immovable properties, and particularly when charges were created on immovable properties in Sangli between 2001-2005, no stamp duty was charged and as such the Government suffered losses. This is the matter which could be looked into by the Collector of Stamps and he may hold an enquiry with respect to the properties which were :3: attached between 2001 to April 2005. 4. Petition is disposed of accordingly (BILAL NAZKI, J.) (BILAL NAZKI, J.) (BILAL NAZKI, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)