CHANDRIKABEN KISHROSINH MAHIDA Vs. CHIEF CONTROLLING REVENUE AUTHORITY

JUDGEMENT

(1.) Heard learned senior advocate Mr.Sanjanwala appearing on behalf of petitioner and learned AGP Mr.Anand Sharma appearing on behalf of respondent Nos.1 to 3.

(2.) In this matter, notice was issued on 04.11.2009. Thereafter, Rule has been issued by this Court on 29.12.2009 and it was made returnable on 19.01.2010. Brief facts of present petition are as under:-

(3.) It is necessary to note factual aspects, which are not in dispute between the parties that stamp paper has been purchased by Kishorsinh Gemalsinh Mahida, advocate, residing at Priya Apartment, Nanpura, Surat on 31.03.2008, where endorsement made by Stamp Vendor is Registration No.22645 and name of Stamp Vendor is Yashwantlal Dahyabhai Desai having license No.12-02. The total amount of consideration of sale comes to Rs.3,50,000/- and purchaser was Smt.Chandrikaben Kishorsinh Mahida wife of advocate, Kishorsinh Mahida, who has purchased stamp paper and same has been used by Smt.Chandrikaben Kishorsinh Mahida. Legal notice (Annexure "C", Page-41) dated 27.04.2009 was given to Deputy Collector, Stamp Valuation, Surat Division-1, but, Deputy Collector has not decided it and no answer was given.