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2005 Supreme(Bom) 319

A.H.JOSHI, J.N.PATEL
PRASADNAGAR CO-OPERATIVE HOUSING SOCIETY LTD. , NAGPUR – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

A. H. JOSHI, J.

( 1 ) THIS is a writ petition by a Co-operative Housing society. The challenge in the petition can be referred by quoting the prayer clause (i) thereof. "i) issue a writ of, writ order or direction in the nature of mandamus whereby quash and set aside the Ready Reckoner and the amendment thereto (Annexures-II and III respectively) in respect of the petitioners layout situated at Jaitala, Nagpur issued by the respondent No. 3 as being illegal and violative of Articles 14, 15 and 300a of the Constitution of india as well as the provisions of Bombay Stamp Act, 1958. "

( 2 ) THE grievance of the petitioner is that the Society has 122 members to whom one plot each has been allotted, out of which the sale deed of 64 plots has been executed in favour of the allottee members concerned. Sale deed in favour of remaining members is to be executed, however, due to the increased market value and stamp duty, as prescribed by the ready reckoner impugned, sale deed could not be executed.

( 3 ) ALL conveyances are to be governed by the Bombay Stamp Act, 1958 in entry No. 25 of Schedule-1, with reference to the conveyances as defined in section 2 (g) of Bombay Stamp Act, 1958.










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