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2022 Supreme(Guj) 1485

BIREN VAISHNAV
Shalin Mukeshbhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr R V Deshmukh
For the Respondent: Ms Dhwani Tripathi, Asst Government Pleader

JUDGMENT :

1. This petition, under Article 226 of the Constitution of India, has been filed for quashing and setting aside the orders dated 02.07.2019 and 03.06.2020 passed by the authorities under the Gujarat Stamp Act, 1958 (for short ‘the Stamp Act’).

2. It is the case of the petitioner that when a release document is presented for registration by which a co-owner relinquishes her right in the property, the same cannot be impounded by treating the transaction as a sale and stamp duty imposed on it based on the market value.

3. Facts in brief would indicate that the father of the petitioner Mr. Mukeshbhai Hirabhai Patel purchased agricultural land in Zundal village of Gandhinagar district admeasuring Are 0, Hectare 51 and 60 sq. mts as Survey No. 11/1 as HUF property and land admeasuring Are 0, 54 Hectares and 62 sq. mtrs Survey No. 11/2. The said land was purchased by two separate sale deeds registered on 24.02.2000. The father then got the land converted into N.A.

3.1 On 26.03.2013 and 07.07.2013, the petitioner’s father declared the pedigree stating that his family comprises o

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