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NUPUR BHATI
Vinod Infradevelopers Limited – Appellant
Versus
State Of Rajasthan-State, Through Principal Secretary (Revenue) – Respondent
ORDER :
1. The present writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers :
1. by any writ, order or direction, the impugned order dated 21.01.2021 passed by the learned District Collector (Stamp) Jodhpur Division, Jodhpur in Reference Case no. 486/2018and impugned demand notice dated 28.01.2021 passed by the learned Collector (Stamps), Jodhpur Division, Jodhpur may kindly be quashed and set:
2. any other appropriate writ, order or direction, which this Hon’ble Court may deem just and proper in the circumstances of the case, may kindly be passed in favour of the petitioner.
3. The writ petition may kindly be allowed with costs throughout.”
2. The brief facts of the case are that a partnership deed was executed between the petitioner company and one Padmawati Associate, Jodhpur, situated at Opposite Vinod Tower, 401, LIGH, in front of Naiyon Ki Bagechi, Jodhpur on 21.10.2014 on a stamp paper of Rs.500/-, which was notarized by the Notary Public, Jodhpur.
3. The Partnership
Availability of alternative and efficacious remedy under Section 65 of the Rajasthan Stamp Act, 1998, precludes the exercise of supervisory jurisdiction by the courts.
In the performance of this duty, if the authority in whom the discretion is vested under the statute, does not act independently and passes an order under the instructions and orders of another autho....
The delay in filing an appeal does not affect a fraudulent transaction, which is void ab initio and a nullity.
The court established that the authority's power to recover deficit stamp duty is limited to a period of five years from the date of execution of the instrument, as per the Indian Stamp Act, 1899.
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