(1.) In this Writ Petition, a Notice of Motion was taken out for vacating the interim order dated 14th Jan., 2009. When that Notice of Motion was listed for hearing, we indicated to both sides that any order in the Notice of Motion is bound to touch the merits of the case and, therefore, it would be convenient to hear and dispose of the main Writ Petition itself. The learned senior counsel appearing for both sides agreed to this course of action. That is how we have listed the Writ Petition with the Notice of Motion for hearing and final disposal. Accordingly, we have heard counsel at length.
(2.) By this Writ Petition under Art. 226 of the Constitution of India, the petitioners are seeking a writ of certiorari or any other writ, order or direction in nature thereof calling for the papers and proceedings relating to the impugned notice dated 24th Jul;y, 2007, 10th March, 2008, 9th June, 2008 being Annexures B to F and after scrutinizing them as to their legality and validity to quash and set aside the same.
(3.) However, the main and principal relief in the Writ Petition is to declare the Maharashtra Act No. XXXII of 2005 to further amend the Bombay Stamp Act, 1958, to the extent the same relates to the agreement in Art. 5(h)(A) as unconstitutional, illegal and, therefore, void.