Ratnaraj Blessing Milestone vs The Collector Of Stamps 3 Other
2023 Latest Caselaw 3585 Bom

2023:BHC-OS:2711-DB                                                             12-OSWPL-20583-2022.DOC




                           Arun



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
                                          WRIT PETITION (L) NO. 20583 OF 2022


                           Ratnaraj Blessing Milestone                                          ...Petitioner
                                 Versus
                           The Collector of Stamps & Ors                                    ...Respondents


                           Mr Yogesh Adhia, for the Petitioner.
                           Mr Kedar Dighe, AGP, for the State.
                           Mr BN Jadhav, i/b Hemangi Modi, for Respondent No.4.


                                                         CORAM: G.S. Patel &
                                                                Neela Gokhale, JJ.

DATED: 11th April 2023 PC:-

1. The Petition is covered by our recent judgment dated 17th February 2023 regarding stamp duty on redevelopment, Adityaraj Builders v State of Maharashtra & Ors.1

ARUN RAMCHNDRA SANKPAL

2. The Petition is disposed of in those terms with identical Digitally signed by ARUN orders in terms of prayer clauses (b) and (c) which read thus: RAMCHNDRA SANKPAL Date: 2023.04.12 09:38:31 +0530 "(b) this Hon'ble Court be pleased to issue a Writ of Certiorari, or any other Writ or Order in the nature of Certiorari, calling for the records of Case No. ADJ/M/539/2022, and after going through the legality,

1 2023 SCC OnLine Bom 540.

11th April 2023

12-OSWPL-20583-2022.DOC

validity and propriety thereof, quash and set aside the Impugned Demand dated 23rd June 2022 (being Exhibit E hereto),

(c) this Honourable Court be pleased to issue a Writ of Mandamus, or any other Writ or Order in the nature of Mandamus, ordering and directing Respondent Nos. 1 to 3 to treat the Agreement for Permanent Alternate Accommodation, which is lodged for adjudication under Case No. ADJ/M/539/2022, and also other Agreements for Permanent Alternate Accommodation, which would be executed by the Petitioner in favour of the members of Respondent No.4 (as per list at Exhibit A hereto), as "other instruments" within the meaning of Section 4 of the Maharashtra Stamp Act, and levy stamp duty of not more than Rs.100/- on each of such agreements."

3. Orders for refunds, if any, will follow our directions in Adityaraj Builders.

(Neela Gokhale, J) (G. S. Patel, J)

11th April 2023