IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2756 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================

Approved for Reporting Yes No ================================================================

M/S VAIBHAV CORP. PVT. LTD. COMPANY Versus STATE OF GUJARAT & ORS.

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Appearance:

A R KADRI(7330) for the Petitioner(s) No. 1 VASIMRAJA A KURESHI(8609) for the Petitioner(s) No. 1 MR ANGESH A PANCHAL, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3,4 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 17/03/2026

JUDGMENT

1. Rule returnable forthwith. Mr. Angesh Panchal, learned Assistant Government Pleader waives service of notice of Rule for and on behalf of the respondent-State Authorities.

2. By way of present petition under Article 226 of the Constitution of India read with the provisions of the Gujarat Stamp Act, 1958 (hereinafter be referred to as “the Act”), petitioner has prayed for the following reliefs :

“(A) YOUR LORDSHIPS be pleased to issue an appropriate writ, order or direction, quashing and setting aside the impugned order dated 03.11.2023 passed by respondent No.3 at Annexure ‘A’, as well as impugned order dated 03.11.2023 passed by respondent no.1 in Stamp Appeal No. 166/23 at Annexure ‘’, as being illegal, arbitrary, without application of mind, in the interest of justice;

(B) YOUR LORDSHIPS be pleased to stay the impugned order dated 03.11.2023 passed by respondent No.3 at Annexure ‘A’, pending admission and final hearing of present petition, in the interest of justice;

(C) YOUR LORDSHIPS be pleased to grant such other and further reliefs as deemed fit in the interest of justice.”

3. Brief facts giving rise to the present petition are that, the issue herein pertains to land bearing Survey No.77 & 78 of Village Akota, which has been given Final Plot No.76 after implementation of Town Planning Scheme No.1, the said parcel of land came to be put under reservation for the purpose of development of 'neighbourhood', wherein Municipal Corporation has carved out several plots, wherein the present land in question has been given plot No.11 and 20 admeasuring 750 square meters. That, the said plot came to be allotted to Bhadreshbhai Ramanbhai Patel, who has acquire leasehold rights of the said two plots for the period of 99 years, by way of registered lease deed no.6949 registered on 10.10.2001, and since then Bhadreshbhai has become the lease holder of the said two plots. That thereafter, since Bhadreshbhai Ramanbhai Patel was not having enough expertise in construction line, Bhadreshbhai Ramanbhai Patel entered into development agreement with present petitioner and to that effect parties therein entered into one development agreement dated 13.03.2010, whereby petitioner were permitted to develop residential property, however, ownership of leasehold right remained with Bhadreshbhai. That thereafter, petitioner herein constructed residential appartment known by "MOONSTONE", and once the project was completed, the owner sold the Flat No.101 situated on 1^st Floor of B-Tower to Poonam Gobind Nankani and Gobind Bhojraj Nankani, by way of registered sale deed no.12458 dated 17.10.2012, wherein the present petitioner stood and signed as confirming party. That thereafter, the said transaction of 2010 with respect to development agreement in favour of petitioner was subjected to audit, wherein the authority found short levying of stamp duty, and thereby show-cause notice came to be issued to petitioner, whereby petitioner appeared before the concern respondent no.3 authority, and as per the order dated 16.05.2015, the petitioner herein paid entire stamp duty amounting to 1,39,461/-, as provided under Section 5(z) of the Act. That thereafter, again the said respondent no.3 issued notice