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2010 Supreme(Guj) 359

H.K.RATHOD
Chandrikaben Kishrosinh Mahida – Appellant
Versus
Chief Controlling Revenue Authority – Respondent


Advocates:
Appearance :
Mr. R.S. Sanjanwala, for the Petitioner No. 1.
Mr. A.L. Sharma, AGP for the Respondents No. 1 - 3.
Rule Served, for the Respondents No. 1 - 3.

Judgment

H.K. Rathod, J.—Heard learned senior advocate Mr. Sanjanwala appearing on behalf of petitioner and learned AGP Mr. Anand Sharma appearing on behalf of Respondent Nos. 1 to 3.

2. In this matter, notice was issued on 04.11.2009. Thereafter, Rule has been issued by this Court on 29.12.2009 and it was made returnable on 19.01.2010. Brief facts of present petition are as under:—

2.1 Petitioner has purchased a flat No. 103 in Shantiniketan Apartment on first floor, constructed on land situated at Adajan bearing Revenue Survey No. 226/1, Town Planning Scheme No. 13, Final Plot No. 118, non-agricultural residential land bearing Block No. G, admeasuring 465.19 sq.mts. For a sum of Rs. 3,50,000/-. Though stamp as per prevailing norms was Rs. 17,150/-, petitioner has paid stamp duty of Rs. 20,000/- of non-judicial stamp. Document of sale was registered on 19.07.2008.

2.2 Sine document of sale was not given to petiioner, petitioner inquired and it was informed by Respondent No. 3 that in view of Government Resolution dated 24.04.2008, document of sale cannot be released. Petitioner was also told that if petitioner is prepared to pay double stamp duty and penalty of Rs. 500/-, same can be


























































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