JUDGMENT :

A. S. Chandurkar, J.

The challenge raised in this writ petition is to the order dated 28/02/2006 passed by the Chief Controlling Revenue Authority, Maharashtra State, Pune thereby confirming the order dated 11/11/2005 passed by the Collector of Stamps in proceedings under the Maharashtra Stamps Act, 1958 (for short, the said Act). By the said order, the agreement between the parties has been adjudicated as a “lease” falling under Article 36(b) of Schedule-I to the said Act.

2. The facts in brief are that an advertisement was issued by the State of Maharashtra for constructing a bridge across Vainganga river. That work was to be done on “Build, Operate and Transfer” (BOT) basis. The offer made by the petitioner came to be accepted. A Concession Agreement was accordingly entered into between the petitioner and the State of Maharashtra through the Secretary, Public Works Department on 16/11/1998. The Collector of Stamps initiated proceedings for adjudication of proper stamp duty payable on the said agreement. After considering the agreement entered into by the petitioner