Rahul Ramesh Shah And Ors vs Additional Controller Of Stamps, ...
2021 Latest Caselaw 2737 Bom

                                                            42. wpst 1947-21.doc

DDR
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                     WRIT PETITION ST.NO. 1947 OF 2021

      RAHUL RAMESH SHAH & ORS.                     ..PETITIONERS
          vs.
      ADDITIONAL CONTROLLER OF STAMPS,
      MUMBAI OLD CUSTOM HOUSE & ORS.                    ..RESPONDENTS
                                ------------------------
      Mr. Jeet Gandhi for petitioners.
      Mrs. V.S. Nimbalkar, AGP for State.
                                ------------------------

                                CORAM       : M.S.KARNIK, J.

                                DATE        :   FEBRUARY 10, 2021


      P.C.:-

Heard learned counsel for the petitioners.

2. The appeal has been preferred to the Additional Controller

of Stamps, Mumbai against the judgment and order dated

18/6/2018 passed by the Chief Controlling Revenue Authority,

Maharashtra State, Pune.

3. Learned counsel for the petitioners submits that the appeal

is fled on 28/12/2020. The petitioners have fled an application

for stay along with the appeal. It is the contention of learned

counsel for the petitioners that the application for stay is not

decided with the result the petitioner is facing action of

42. wpst 1947-21.doc

attachment of properties which is much in excess to the amount

of the enhanced stamp duty under the impugned order.

4. Learned AGP appearing on behalf of the respondent -

State submits that the appeal fled by the petitioners before the

Additional Controller of Stamps, Mumbai is not tenable. According

to her, the order dated 18/6/2018 passed by the Chief Controlling

Revenue Authority, Maharashtra State, Pune is made under 53A

of the Maharashtra Stamp Act and therefore no appeal lies

against an order under Section 53A.

5. Be that as it may, these are all contentions which can be

considered by the Appellate Authority. The Appellate Authority is

requested to decide the appeal expeditiously. In any case,

considering the urgency the Appellate Authority is requested to

hear and decide the application for stay made by the petitioners

within a period of two weeks from today.

6. Needless to mention that I have not expressed any opinion

on merits of the controversy including maintainability of the

appeal and the Appellate Authority is free to decide the appeal

on its own merits and in accordance with law and take an

appropriate decision on the application for stay within a period of

42. wpst 1947-21.doc

Digitally two weeks from today.

         signed by
         Diksha
Diksha   Rane
Rane     Date:
         2021.02.10
         16:33:20
         +0530

7. The Writ Petition is disposed of.

(M.S.KARNIK, J.)