NISARG HOTRICULTURE PVT LTD Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) LEARNED advocate Ms. Mehul S. Shah for the petitioners seeks permission to place on record Notice issued by the authority under Section 152 of the Bombay Land Revenue Code. 1.1 Permission is granted.

(2.) IN all these matters, a common question is agitated by the petitioners. The question is that, 'the Deputy Collector, Stamp Duty (Valuation), Gandhinagar, by order dated 9th May 2003 refused to take into consideration the document produced by the applicants of Village: Lunasan, Taluka: Kadi, District: Mehsana on the ground that the document pertains to property situated in two different villages, which are situated in different revenue areas and coupled with that, the Talukas and Districts are also different'. The Deputy Collector, Stamp Duty (Valuation) was of the opinion that the document of different districts cannot be taken into consideration while assessing the value of the property.

(3.) HAVING perused the order passed by the Deputy Collector, Stamp Duty (Valuation) dated 9th May 2003 and the order passed by the Chief Controlling Revenue Authority dated 27th October 2010, this Court is of the opinion that the orders suffer from the non-application of mind and consequentially they have resulted into injustice to the petitioners, hence in the interest of justice, the same are required to be quashed with a direction to the Chief Controlling Revenue Authority to consider the matter afresh, after giving an opportunity of hearing to the petitioners coupled with an opportunity to produce any other material, which the petitioners might have come in possession during this period and then decide the matter in accordance with law.