Disposed

The High Court v. the State of Maharashtra and 2 Ors.

Bombay HC28 Mar 2016PIL/121/2014

Case brief

AI extract

What is this about?

The High Court disposed of a suo moto PIL regarding an alleged shortage of Rs.100 stamp papers. Relying on the State's affidavit confirming supply measures and licenses to bar associations, the Court found no reason to keep the petition pending.

What did the court decide?

The petition was disposed of after accepting the State's affidavit as satisfying the concerns regarding stamp paper availability.

The High Court Vs the State of Maharashtra and 2 Ors. — Writ and Judicial Review | Bombay HC (2016)

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2-PIL-121-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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SUO MOTO PUBLIC INTEREST LITIGATION NO. 121 OF 2014

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High Court on its own motion	..	Petitioner
versus
The State of Maharashtra & Ors.	..	Respondents

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None for petitioner. Mr. G. W. Mattos – G.P. for State - respondents.

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CORAM: D. H. WAGHELA, C. J. AND M. S. SONAK, J. DATE : 28 MARCH 2016

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P.C.:

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1] In ' Mumbai Mirror' of 10 July 2014 was published a newspaper report entitled ' Mystery Shortage of Rs.100 stamp papers hits city '. The report proceeded to state that stamp papers of Rs.100 denominations have all but disappeared from the city, forcing citizens to purchase higher denomination stamp papers for petty affidavits, lease agreements, visa application documents, bank works etc. The report proceeded to state that the shortage has especially hit students seeking admissions to educational institutions, as such students need to submit affidavits along with admission forms. The report makes reference to stamp vendors charging Rs.200/- to Rs.300/- for stamp papers of denomination of Rs.100 and that too, after, people have queued for several hours to purchase stamp papers.

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2] This court, taking suo moto cognizance of the aforesaid newspaper report, on 21 November 2014, made the following order:

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“Having regard to the subject matter of this Public Interest Litigation, we are not issuing any notice on this Public Interest Litigation right-away, but having gone through the newspaper report in Mumbai Mirror of 10 July, 2014 being relied upon by the petitioner and copy whereof is placed on the record of this proceeding (which is taken on record and marked 'X' for identification), in suo-motu exercise of our jurisdiction under Article 226 of the Constitution of India, we direct that a copy of the said newspaper report with the title “Mystery Shortage of Rs.100/- Stamp Papers” in Mumbai Miror of 10 July, 2014 be treated as the memo of Suo-Motu Public Interest Litigation and issue notice on the said Public Interest Litigation in which following parties shall be arrayed as Respondents:-

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(1) The State of Maharashtra – (the notice to be served through the Principal Secretary Revenue and Forest Department).

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(2) Inspector General of Stamps, Old Custom House, Horniman Circle, Fort, Mumbai.

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(3) The General Manager – Government Printing Press, Nashik as the Respondents.

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2 Let, notice be issued to the above Respondents, returnable on 16 December 2014. Mr. Saluja, the learned AGP waives service of the notice on behalf of the Respondents.

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3 The Respondents shall show cause why appropriate directions should not be issued in the light of the contents of the above newspaper report and the other material which may come on record and the submissions which may be made at hearing of this Petition in future.

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CHIEF JUSTICE

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(B.P. COLABAWALLA, J.)”

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3] In pursuance of the aforesaid order dated 21 November 2014, Mr. Kailash Pagare, Additional Controller of Stamps, Mumbai, has filed affidavit dated 22 March 2016, in this Court.

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4] In the aforesaid affidavit, Additional Controller of Stamps has denied that there was any shortage of stamp papers of the denomination of Rs.100 in the month of July 2014, or for that matter at present. Further, he has pointed out that the State in exercise of powers conferred upon it by clause (a) of section 9 of the Maharashtra Stamp Act, 1958 has issued notification dated 1 July 2014 remitting the stamp duty chargeable under section 4 of schedule I appended to the said Act, on the instruments of affidavit or declaration made for obtaining caste certificates, income certificates, domicile certificates and nationality certificates. As such, he has submitted that there is no necessity for purchase of any stamp paper for the aforesaid purpose. Mr. G. W. Mattos, the Government Pleader has submitted that in view of such notification, there are hardly any purposes, for which, the students seeking admission to educational institutions are required to purchase stamp papers.

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5] That apart, the Additional Controller of Stamps at paragraphs 6, 7 and 8 of his affidavit has made the following statements :

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“6. I say that the Government in the Revenue and Forest Department vide a Circular dated 14^th October, 2014 granted Stamp Vending licenses to Bar Associations for sale of Stamp Papers and Court Fee Labels in Court premises. I say that my office has issued Stamp Vending Licenses to the Dadar Bar Association, the Bombay Advocates Bar Association at the Small Causes Court, Mumbai, The Motor Accident Claim Tribunal Bar Association, The Borivali Advocates Bar Associations, the Advocates Associates of Western India, The Mazagaon Court Bar Association at Esplanade Court, Mumbai. However, the Advocates Association of Western India has not yet commenced the sale of Stamp Papers and Court Fee Labels inter alia on account of some administrative difficulties. I say that my office has also issued a Stamp Vending License to The Indian Advocates Multi State Multi Purpose Co-operative Society Ltd. situate in the High Court premises as per the

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permission granted by the Government in the Revenue and Forest Department vide its letter dated 26^th November, 2014.

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7. I say that it is made compulsory to fill the form in Annexure 1 for obtaining Stamp Papers for executing Affidavits and the form in Annexure 2 for executing documents other than Affidavits as per the Circular dated 14^th August, 2014 issued by Inspector General of Registration, Maharashtra State, Pune. The specimen copies of the said Annexures are hereto annexed and marked as EXHIBITS '2' and '3' respectively. I say that for completing these formalities it takes some time, which some times results into long queues of people at the Stamp Vending Centres.

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8. I say that in Mumbai and Mumbai Suburban District there are 24 Government approved license Stamp Vendors. I say that as per the demand of the said Stamp Vendors, supply of stamp papers and Court Fee labels is being arranged by my office regularly. Hence, there is no scarcity of stamp papers. I say that with a view to keep a check inter alia on the sale of stamp papers by Stamp Vendors, instructions are issued to all Collectors of Stamps in Mumbai and Mumbai Suburban District by my office to carry out periodic inspections of the licensed Stamp Vendors premises so as to inter alia ensure that the persons intending to purchase Stamp Papers are not overcharged.”

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6] From the aforesaid, we are satisfied that the State has taken steps towards making available to the members of the public the necessary stamp papers, by increasing the number of stamp vendors and ensuring timely supply of stamp papers to such members. Besides, it appears that the State is also taking steps to carry out periodic inspections of premises held by licenced stamp vendors, with a view to ensure that the members of public are not over charged. Since, the State is alive to the situation and is taking effective steps towards minimising stamp paper shortages, whether artificial or otherwise, we see no reason to keep the present petition pending.

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7] Accordingly, we accept the statements made by the Additional Controller of Stamps, Mumbai, as contained in his affidavit dated 22 March 2016 as well as the assurances tendered on behalf of the State Government through Mr. G. W. Mattos, the Government Pleader that necessary steps will continue to be taken towards minimising stamp paper shortages, we dispose of the present petition.

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8] This suo moto public interest litigation is disposed of in the aforesaid terms.

CHIEF JUSTICE

(M.S.SONAK, J.)

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The High Court v. the State of Maharashtra and 2 Ors.

Case brief

What is this about?

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The High Court v. the State of Maharashtra and 2 Ors.

Case brief

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What did the court decide?

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