JUDGMENT - KAMDAR S.U., J.:---By the present petition, the petitioner is challenging the order dated 27-2-2004 passed by the District Collector, Kolhapur, inter alia, directing the petitioner to make good the deficiency of stamp duty by properly classifying the release deed under Article 25(b)(5) of Schedule I to the Bombay Stamp Act, 1958. Some of the material facts in the present case briefly stated are as under:-

2. Ms. Kantaben Harilal Poonatar was the original purchaser of the property bearing Plot No. 50, City Survey No. 517-A/1, E Ward, Shivaji Peth, Kolhapur and a bungalow built thereupon. The said property which was known as Poonam bungalow was acquired by the said deceased Kantaben Harilal Poonatar on 1-9-1965 under a registered sale deed. On 17-7-1985, the said deceased Kantaben Poonatar executed a Will conferring the right, title and interest in respect of the said property on the petitioner and the respondent No. 3. Smt. Kantaben Poonatar subsequently expired.

3. In accordance with the said that last deed and testament of Kantaben Poonatar dated 17-7-1985 the petitioners recorded their names in the record of rights including the property register card on 3-11-1985. Thus,

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