Disposed

Kiran Devkumar Jadhav and Anr. v. the City Survey Officer, Sangli and Ors.

Bombay HC16 Jan 2008PIL/103/2006

Case brief

AI extract

What is this about?

In this PIL, petitioners sought directions for assessing stamp duty on immovable property attachments from 2001 to 2005 and prosecuting Recovery officers. The court held that the grievance lies with the Collector of Stamps who should conduct the enquiry. The petition was disposed of accordingly granting no specific relief.

What the court decided

AI extract

Kiran Devkumar Jadhav and Anr. Vs the City Survey Officer, Sangli and Ors. — Bombay HC (2008) — LawSathi Research

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

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 PUBLIC INTEREST LITIGATION NO. 103 OF 2006

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 Kiran Devkumar Jadhav & Anr. ..Petitioners

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 versus

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 The City Survey Officer, Sangli
 & Ors. ..Respondents

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 Mr. S. P. Kadam for the Petitioners.

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 Mr. S. R. Nargolkar, AGP for the Respondents -
 State.

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CORAM : BILAL NAZKI And
S. A. BOBDE, JJ.
 DATE : 16TH JANUARY, 2008.
P.C.

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 1. This Petition is filed in the public
 interest, seeking the following reliefs:

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 "b. The City Survey Officer Sangli be directed
 by an order of this Hon’ble Court to send
 all the orders of attachment and or creating
 charge on immovable properties between 2001
 to 13/4/2005 to Collector of Stamps / Joint
 Registrar Stamps for assessment of
 registration fees and stamp duty on all such
 documents;

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 c. That the Respondent Nos. 2 and 3 be
 directed by an order of this Hon’ble Court
 to impound all the unregistered instruments
 accepted by the office of Respondent No. 1
 and then to follow the procedure of law and
 to take appropriate action in the matter;

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 d. That the Respondent authorities be directed
 to recover the registration fees and stamp
 duties on all such documents as per the
 procedure of law;

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 e. That the appropriate officer of the
 Government be directed to prosecute the
 Recovery officers who have used face
 Government Seals to evade stamp duty in the
 above matter;

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 2. Learned counsel for the respondents submits
 that there are two stages when certain charges are
 created over the immovable property on advancement
 of loan. At the first stage when the loan is
 advanced the charge is created and in case of
 default i.e. the second stage, the matter is
 referred to Local Authorities and at the first stage
 normally stamp duty is paid and therefore at second
 stage no stamp duty is needed to be paid.

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 3. Grievance of the petitioners is that when

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 the charge is created on immovable properties, and
 particularly when charges were created on immovable
 properties in Sangli between 2001-2005, no stamp
 duty was charged and as such the Government suffered
 losses. This is the matter which could be looked
 into by the Collector of Stamps and he may hold an
 enquiry with respect to the properties which were

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 attached between 2001 to April 2005.

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 4. Petition is disposed of accordingly

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(BILAL NAZKI, J.)

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(S. A. BOBDE, J.)

Kiran Devkumar Jadhav and Anr. v. the City Survey Officer, Sangli and Ors.

Case brief

What is this about?

What the court decided

Kiran Devkumar Jadhav and Anr. v. the City Survey Officer, Sangli and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

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