LAWS(RAJ)-2013-10-33

SANTOSH DEVI Vs. STATE OF RAJASTHAN

Decided On October 03, 2013
SANTOSH DEVI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the controversy involved in the present writ petition is covered by the Division Bench decision in the case of Basant Nahata Vs. The State of Rajasthan & Ors. reported in 2001 (1) WLN 226, wherein inter - alia, the impugned Notification No.F.2(16) FD/Tax/Div./99 -196 dated 26.03.1999 has been quashed by the the Division Bench of this Court as violative of Article 14 of the Constitution of India. The said Notification required deposition of 60% of the stamp duty on the basis of valuation made as per the said Notification dated 26.03.1999, as a condition precedent for registration of the said document. The relevant portion of the Division Bench judgment in the aforesaid case is quoted hereunder for ready reference: -

(2.) LEARNED counsel for the petitioner further submitted that two such writ petitions have already been disposed of by this Court in terms of Division Bench decision in the case of Basant Nahata (supra), being SBCWP No.624/2002 - Smt. Santosh Devi Vs. The State of Rajasthan & Anr. and SBCWP No.475/2002 - Raj Kumar Vs. The State of Rajasthan & Anr. For the purposes of ready reference, the order dated 04.12.2012 passed by a coordinate bench of this Court in the case of petitioner -herself, is quoted herein below for ready reference: -