SHIHOR BAR ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the petitioners.

(2.) Learned advocate appearing for the petitioners submitted that the petitioner Association has locus to maintain this petition and even on earlier occasion also, this very petitioner Association had preferred Special Civil Application No. 15431 of 2008 on issuance of various circulars in respect of and under the provisions of Gujarat Stamp Act, 1958 and he has produced the inquiry sheet as well as order in said matter, whereby, the Court has disposed of the matter and thus, on a ground of judicial comity, he is urging the court may not non-suit the petitioner Association on the ground of locus, as ex-facie the circulars impugned in this petition are contrary provision of law and so obnoxious as to shake the conscious of any citizen and therefore, the petition may not be dismissed at the outset on the ground of locus. Let there be an opportunity to the petitioners for satisfying the court on the ground of locus. Learned advocate appearing for petitioner also relied upon the decision of the Division Bench in case of Kesubhai Panabhai Solanki Vs. Dahyaji Babaji Thakore & ors., 2012 1 GLR 719 and submitted that the concept of locus standi in light of the observationsmade thereunder so far as Article 226 is concerned, is undergoing change and in light of those observations also, the Court may not non-suit the petitioners at this stage.

(3.) Learned advocate appearing for petitioners invited this court's attention to the impugned correspondence/resolution wherein, the instructions are issued to the registering authority not to accept the documents, which does not indicate the market value of the property as prescribed under the Annual Statement of Rates popularly known and referred to as 'Jantri' in vernacular. This circular dated 2.4.2011 is amounting to curtailing the entire discretion vested in the concerned authority which is a statutory authority functioning under the Gujarat Stamp Act, 1958. The authority, therefore, cannot be restricted in exercise of its discretion to act or rely upon the instructions so as to make those instructions binding upon them and to that extent, his discretion is absolutely nullified.