SHRAMIK JANTA SANGH Vs. COLLECTOR OF STAMPS

JUDGEMENT

(1.) Heard on Document Nos.447/2024 and 448/2024 which have been filed by the respondent Nos.4 and 5 respectively, raising the preliminary objections regarding maintainability of the petition.

(2.) This petition has been filed by the petitioner Sharamik Janta Sangh through its President, under Article 226 of the Constitution of India, against the order dtd. 21/2/2023 passed by the Collector of Stamps, Khargone, District Khargone whereby, Collector of Stamps has rejected the reference under Sec. 48B of the Indian Stamps Act, 1899 (hereinafter referred to as 'the Act of 1899') holding that the valuation of the property was carried out by his office only while exercising powers under Sec. 31 of the Act of 1899 and thus, he has no jurisdiction to review his own order dtd. 28/6/2021 on the allegation of insufficiency of the stamp duty on the sale deeds through which the disputed property has been sold.

(3.) The application Document Nos.447/2024 and 448/2024 have been filed mainly on two grounds, (i) That the petitioner Shramik Janta Sangh has no locus standi to file the petition, which has no connection with workmen or labourers of the respondent Manjeet Cotton Private Ltd. (ii) The other objection which has been raised is that the petitioner has an efficacious alternative remedy in the form of an objection under Sec. 56(4) of the Act of 1899.