SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(GUJ) 347

HIGH COURT OF GUJARAT
MS. JUSTICE SANGEETA K. VISHEN, J
UTKARSH DINESHBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:M/S.VYAS ASSOCIATES(1559) ,Respondent Advocate: ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99)

ORDER

Mr. Dipen Sankhesara, learned advocate on behalf of M/s Vyas Associates for the petitioner, submitted that notice was issued by the Chief Controlling Revenue Authority, under the provisions Gujarat Stamp Act , 1958 and the petitioner was to file the reply.

Reply was filed; however, without giving any opportunity of hearing straight way order dated 29.02.2024 has been passed.

2. It is submitted that the provisions of Section 53 of the Act, clearly provides for affording a reasonable opportunity to the party and examination of instruments; however, in the present case, clearly, no opportunity of hearing was granted to the petitioner, and straightaway the order has been passed which, is in violation of principles of natural justice so also the provisions of Section 53A.

3. Considered the submissions. Issue notice to the respondents returnable on 11.07.2024.

4. Pertinently, the proceedings have been initiated under the provisions of Section 53A, which, reads thus:

53A. [ Revision of Collector's decision under sections 32, 32A, 39 and 41.[Section 53A was inserted, by Gujarat 13 of 1994 Section 10.]

(1)Notwithstanding anything contained in sub-section (3) of section 32, sub-section (3) o

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top