LAWS(GJH)-2008-8-147

KISHORBHAI PRABHASHANKAR RAVIYA Vs. STATE OF GUJARAT

Decided On August 28, 2008
KISHORBHAI PRABHASHANKAR RAVIYA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) RULE. Mr. Kotecha, learned AGP waives notice of rule. With the consent of learned advocate appearing for both the sides, the matter is finally heard. The petitioner has preferred the petition for challenging the order dated 31. 12. 2007 (Annexure-A) passed by the respondent No. 2, whereby deficit Stamp Duty is assessed at Rs. 20,700/- with penalty of Rs. 250/-, total Rs. 20,950/ -. Heard Mr. Purohit for the petitioner and Ms. Kotecha, learned AGP for the respondent authority.

(2.) MS. Kotecha, 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. Additionally, learned AGP states that as the hearing was not given before exercise of the power by the Chief Controlling Revenue Authority, respondent No. 2, the matter will be reconsidered by respondent No. 2. She submitted that the petitioner may appear before the respondent No. 2 within two weeks from today.

(3.) AS the document is presented prior to cutoff date, the present case would be covered in the general policy and the declaration made on behalf of the State Government, which has also been recorded in Special Civil Application No. 10177 of 2008, decided on 08. 08. 2008.