Monika Sahani vs The State Of Rajasthan
2021 Latest Caselaw 10578 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3084/2020

Smt. Monika Sahani W/o Shri Manish Sahani, Aged About 45 Years, Resident Of 145-B, Shakti Nagar, Udaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

2. D.I.G. (Stamps) Cum Collector (Stamps), Udaipur Circle, Udaipur.

3. Sub-Registrar, Mavali, District Udaipur.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Rajat Dave
For Respondent(s)          :     Ms. Akshiti Singhvi



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

12/07/2021

     Heard.

The matter comes up for consideration of application

(01/21) under Article 226(3) of the Constitution of India

preferred on behalf of the respondents with a prayer for

vacating the ex parte stay order granted by this Court on

3.3.2020.

This writ petition has been preferred on behalf of the

petitioner essentially being aggrieved with the order

dated 29.3.2019 (Annex./9) passed by the Collector

(Stamps), Udaipur as well as the Communication dated

22.1.2019 (Annex./8) issued by the Sub-Registrar,

Mavali, Distt. Udaipur.

(2 of 3) [CW-3084/2020]

Learned counsel for the petitioner has submitted that

the Collector (Stamps), Udaipur has passed the order

dated 29.3.2019 without providing opportunity of hearing

to the petitioner and, therefore, the same is bad in the

eye of law. It is further submitted by learned counsel for

the petitioner that the petitioner has a remedy to file

application under Section 52-A of the Rajasthan Stamps

Act, 1998 (for short 'the Act of 1998') with a prayer for

reopening of the ex party order dated 29.3.2019 passed

by the Collector (Stamps), Udaipur.

Learned counsel for the petitioner has submitted that

though in the writ petition, it is asserted that the

petitioner has already moved application under Section

52-A of the Act of 1998, but in fact, no such application has been filed on behalf of the petitioner before the

Collector (Stamps), Udaipur. Learned counsel for the

petitioner, thus, prayed that he may be allowed to

withdraw this writ petition with liberty to the petitioner to

file application under Section 52-A of the Act of 1998 and

a direction may be issued to the Collector (Stamps),

Udaipur to consider and decide the same strictly in

accordance with law.

Learned counsel for the respondents has submitted

that the petitioner may be granted stipulated time to file

application under Section 52-A of the Act of 1998 with a

prayer to the Collector (Stamps), Udaipur to decide the

same within fixed time.

In view of the above discussion, this writ petition is

dismissed as withdrawn with liberty to the petitioner to

(3 of 3) [CW-3084/2020]

file application under Section 52-A of the Act of 1998

against the impugned order dated 29.3.2019 within a

period of ten days from today. If any such application is

preferred on behalf of the petitioner within ten days, the

Collector (Stamps), Udaipur shall consider and decide the

same strictly in accordance with law within four weeks

thereafter.

Till the final decision is passed by the Collector

(Stamps), Udaipur on the application under Section 52-A

of the Act of 1998, no coercive action shall be taken

against the petitioner pursuant to the order dated

29.3.2019 (Annex./9).

The aforesaid application (01/21) and all other

pending applications are disposed of.

(VIJAY BISHNOI),J

53-msrathore/-

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