Disposed

Father Mr. Gregory Elias Dalmeida v. Inspector General of Stamps and Regi. Council Hall and Ors.

Bombay HC26 Nov 2024WP/16706/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction for the Inspector General of Stamps and Registration to act on a communication recommending a revision of land valuation zone. The court directed the respondent to take a decision within four weeks, clarifying that the court had no opinion on the merits of the revision.

What did the court decide?

Direction issued to the respondent to take a decision on the communication within four weeks.

Father Mr. Gregory Elias Dalmeida vs Inspector… — Municipal and Town Planning | Bombay HC (2024)

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53.wp.16706.2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.16706 OF 2024

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Mr.Gregory Elias Dalmeida .. Petitioner

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Versus

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Inspector General of Stamps & Registration & Ors. .. Respondents

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Mr.Yuvraj Narvankar, Advocate for the Petitioner.

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UTKARSH KAKASAHEB BHALERAO

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Digitally signed by UTKARSH KAKASAHEB BHALERAO Date: 2024.12.06 10:02:35 +0530

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Ms.M.P.Thakur, AGP for Respondent/State.

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CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

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DATE : DECEMBER 03, 2024

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P. C.

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1. Mentioned. With the consent of the parties taken out of

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turn.

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2. Rule. Respondent waives service. With the consent of the

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parties Rule made returnable forthwith and heard finally.

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3. The above Writ Petition seeks the following reliefs:-

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“(a) Rule be issued;

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Page 1 of 3 DECEMBER 03, 2024

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Utkarsh

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53.wp.16706.2024.doc

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(b) That this Hon’ble Court be pleased to issue a Writ of Mandamus or any other Writ, order or Direction in the nature of Mandamus, directing the respondent no.1 to act in pursuance of and/or consider the communication dated 24^th January 2024 (“Exhibit.B”) addressed by the respondents no.2 to the respondent no.1, preferable within the period three weeks;”

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4. These reliefs are sought on the basis that the Petitioner had addressed a written representation to the Assistant Registrar of Assurances Class-2, Nashik on 22^nd May 2023 recording its grievance and seeking revision of the classification of their land in the appropriate zone. The said representation, with comments were forwarded by the Assistant Director of Town Planning (Respondent No.2) to the Inspector General of Stamps and Registration (Respondent No.1) vide its communication dated 24^th January 2024. According to the Petitioner this communication recommends revision of the valuation zone taking into account the representation of the Petitioner and the report of the Assistant Registrar of Assurances Class-2, Nashik. Despite this no action has been taken by Respondent No.1 on the aforesaid communication. It is in this light that a direction is sought to Respondent No.1 to act in pursuance of and/or consider the communication dated 24^th January 2024.

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Page 2 of 3 DECEMBER 03, 2024

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Utkarsh

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53.wp.16706.2024.doc

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5. Considering that this is the limited relief sought, we dispose of the above Writ Petition by directing Respondent No.1 to take a decision on the communication dated 24^th January 2024 addressed by Respondent No.2 to Respondent No.1 as expeditiously as possible and in any event within a period of 4 weeks from today.

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6. We make it clear that Respondent No.1 can either accept the suggestions made by Respondent No.2 or reject the same or even modify the same. As far as the merits of that issue is concerned, we have not opined one way or the other.

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7. Rule is made absolute in the aforesaid terms and the Writ Petition is also disposed of in terms thereof. However, there shall be no order as to costs.

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8. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]

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Page 3 of 3 DECEMBER 03, 2024

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Utkarsh

Father Mr. Gregory Elias Dalmeida v. Inspector General of Stamps and Regi. Council Hall and Ors.

Case brief

What is this about?

What did the court decide?

Father Mr. Gregory Elias Dalmeida v. Inspector General of Stamps and Regi. Council Hall and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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