Anil Champalal Shah And Ors vs The Joint District Registrar ...
2017 Latest Caselaw 2673 Bom

                                            1                   WP.1484/2006(224)

mnm

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 1484 OF 2006

Anil Champalal Shah & Ors.                              ...Petitioners
      Vs.
The Joint District Registrar
Class-I & Collector of Stamps Nashik & Ors.             ...Respondents

Mr. R.D. Soni with Mr. R.M. Haridas i/b. Ram & Co., Advocates for the Petitioners Mr. P. P. Kakade, AGP for the Respondents

CORAM : ANOOP V. MOHTA & M.S. KARNIK, JJ DATED : 30TH MAY, 2017

ORAL JUDGMENT (PER ANOOP V. MOHTA, J):

1. Matter is called from the final hearing board as specially

fixed for final hearing.

2. On hearing the learned Counsel appearing for the

parties and considering the scope and purpose of the

provisions of the Maharashtra Stamp Act and the Rules made

thereunder and in the facts and circumstances of the case and

in view of the fact that the statutory appeal provision is

2 WP.1484/2006(224)

available through Section 53(1)(a) under the Maharashtra

Stamp Act (Bom. Act LX of 1958) whereby any person

aggrieved by an order of the Collector under Chapter III,

Chapter IV, Chapter V and under clause (a) of the second

proviso to section 27 may, file appeal within sixty days from

the date of receipt of such order, we are inclined to dispose of

the present Writ Petition by directing the Petitioner to file the

statutory Appeal as available within a period of 4 weeks from

today.

3. The Appellate authority in view of the provisions and

based upon the earlier orders passed by this Court to consider

the merits of matter in accordance with law as early as

possible to avoid further delay.

4. The question as to filing an appeal within sixty days as

per the requirement need to be considered in the background

that the Petitioner has challenged the impugned order and the

communication notice dated 22nd February 2005 and notice

dated 31st December, 2005 issued by the Joint Sub-Registrar

3 WP.1484/2006(224)

and subsequent order dated 18th April, 2007 and filed the

Petition on 1st March, 2006. This Court after hearing the

parties on 16th March, 2006 ordered to maintain the status-

quo which has been continued from time to time as per the

statement. On 25th April, 2006 this Court admitted the Writ

Petition. We are inclined to consider the submission of the

learned Counsel appearing for the Petitioner that the

appellate authority to hear the matter on merits without

restricting the case on the ground of delay and/or latches.

Therefore, we are inclined to observe that the appellate

authority under the Act to decide the appeal, if filed within 30

days, by the Petitioner, in accordance with law on its own

merits.

5. The fact that this Court on 16 th March, 2006 itself

ordered to maintain status-quo which has been continued and

there is no specific order of vacating the same, we are

inclined to continue the said order for 10 weeks within which

time the authority to dispose of the appeal in accordance with

law.

4 WP.1484/2006(224)

6. It is made clear that if adverse order is passed against

the Petitioner it should not be acted upon for two weeks from

the date of communication. All the issues are kept open.

7. The Writ Petition is disposed of accordingly with no

order as to costs.

(M.S. KARNIK, J.) (ANOOP V. MOHTA, J.)