KARAMSHIBHAI SHAMJIBHAI KAKADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Dave, learned AGP waives notice of rule.

(2.) IN the present petition, the challenge of the petitioners is against the order passed by the Deputy Collector dated 17. 02. 2003 (Annexure-D) for assessment of deficit Stamp Duty of Rs. 2,31,450/- with penalty of Rs. 250/- and Rs. 500/-, total Rs. 2,32,200/- and its confirmation thereof by the appellate authority vide order dated 01. 12. 2007 (Annexure-E) in Appeal No. 70/07.

(3.) MR. DAVE, learned AGP under the instruction of GP states that the State Government has taken decision to reconsider all cases, where the Deputy Collector has exercised the power in mechanical manner, without considering the facts and circumstances pertaining to all document presented prior to December 2006. However, learned Asst. Government Pleader states that the matter may be remanded to the Deputy Collector as if the appeal is allowed, and Deputy Collector shall decide the matter afresh. He only submitted that the petitioners may appear before the Deputy Collector within two weeks from today.