SAMJIBHAI RANCHODBHAI DABHI Vs. CHIEF CONTROLING REVENUE AUTHORITY

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of india praying for the direction to the respondent no. 1 to accept and decide the application dated 05. 01. 2007 at Annexure 'k' of the petition under the provisions of bombay Stamp Act, 1958 and the Bombay stamp (Determination of Market Value of property) Rules, 1984. The petitioner has also prayed for the declaration that the letter dated 31. 05. 2007 by the respondent no. 1 issued to the petitioner is illegal, void and inoperative and hence the petitioner has prayed for quashing and setting aside the same and also the direction to grant refund of the excess amount of stamp duty paid by the petitioner.

(2.) THIS Court has issued Rule on 21. 04,2008. Pursuant to the service of rule, an affidavit-in-reply is filed on behalf of the respondent no. 1 on 29. 12. 2008.

(3.) HEARD Mr. S. H. Sanjanwala, the learned Senior Counsel with Mr. R. S. Sanjanwala. the learned Advocate for the petitioner and Ms. Trusha K. Patel, the learned Asst. Government Pleader appearing for the respondent.