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2015 Supreme(Bom) 74

M.S.SONAK
Prasun Developers – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:G.S. Godbole a/w. Drupad Patil, J.G. Reddy, Abhijeet Kandharkar, Advocates. For the Respondents:R1 to R3, Sunil Manohar, Advocate General a/w. Neha Bhide 'B' Panel, Vaishali Nimbalkar, AGP.

JUDGMENT

1. Rule. With the consent of and at the request of learned counsel for the parties, Rule is disposed of finally.

2. By this petition under Articles 226 and 227 of the Constitution of India , the petitioner challenges the legality, validity and propriety of the orders dated 26 June 2014 made by the Joint District Registrar Class I and Collector of Stamps, Pune City, Pune, order dated 5 September 2014 passed by Deputy Inspector General of Registration and Deputy Controller of Stamps Pune (Appellate Authority) and consequential orders of attachment and notice for auction of the petitioner's property, in satisfaction of the claim for deficit stamp duty and penalty (collectively referred to as impugned orders).

3. The brief facts relevant for deciding the issues raised in this petition are that on 18 October 2005 Smt. Kantabai G. Bodake and some others executed a 'development agreement' in respect of property bearing Survey No. 41, Hissa No.1B admeasuring 4400 sq. Meters situated within municipal limits of Pune (said property), constituting the petitioner as 'developer'. For the r





































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