Venus Developers vs State of Maharashtra and 2 Ors.

“a) that this Hon'ble Court be pleased to issue a Writ of certiorari/mandamus or any other appropriate Writ/order/direction under Article 226 of the Constitution of India to declare the ready reckoner rate for 2021-2022, to the extent prejudice to Petitioner is null, void and ultra vires to the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995.

¶16

b) that this Hon'ble Court be pleased to issue a Writ of certiorari/mandamus or any other appropriate writ/order/direction under Article 226 of the Constitution of India calling for the records

¶17

Amk 1/3

¶18

36-wp 871-24.doc

¶19

pertaining to the Petitioner’s case and after going into the validity and legality thereof to quash and set aside impugned Notification/action dated 27.03.2022.

¶20

c) that this Hon'ble Court be pleased to issue a Writ of certiorari/ mandamus or a writ in the nature of certiorari/mandamus or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner’s case and after going into the validity and legality thereof quash and set aside impugned Notification/action dated 27.03.2022 as being violative of principles of natural justice.

¶21

d) that this Hon'ble Court be pleased to issue a Writ of certiorari/ mandamus or a writ in the nature of certiorari/mandamus or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner’s case and after going into the validity and legality thereof remand the matter to the Respondent No. 2 for reconsideration.”

¶22

It is the contention of learned counsel for the Petitioner that only the Petitioner’s property has been segregated from the entire CTS, and the Ready Reckoner rates have been revised only qua the Petitioner’s property, which is not in consonance with the principles of fairness and justice. It is further submitted that the detailed representation was made on 2^nd May, 2022 to the Additional Controller of Stamps, Mumbai alleging the unreasonableness and unjustified increase in the Ready Reckoner rates for residential property carved out of CTS No. 5, 5B, 5D, 5F, 5G in the area of Moje (Gao), Dongre (Vasai-Virar).

¶23

Amk 2/3

¶24

36-wp 871-24.doc

¶25

The Petition is opposed by learned AGP contending that the Ready Reckoner rates have been fixed after determining the correct market value of the property, in terms of the Maharashtra Stamp (Determination of True Market Value of Property) Rules, 1995. Learned counsel for the Petitioner submits that for the present the Petitioner will be satisfied if the representation preferred by them to the Additional Collector of Stamps, Mumbai is decided in terms of the aforesaid Rules.

¶26

In such view of the matter, we are inclined to direct the Additional Collector of Stamps, Mumbai to decide the representation dated 2^nd May, 2022 which is at page 53 of the paper book as expeditiously as possible and take it to its logical conclusion within a period of 12 weeks from the date of communication of this Order. The Petitioner to remain present before the Additional Collector of Stamps, Mumbai on 27^th January, 2026 at 11.00 a.m. along with a copy of this Order.

¶27

The Additional Collector of Stamps, Mumbai to consider the representation and after duly hearing the Petitioner, decide the same on its own merits and in accordance with law.

¶28

The Petition is accordingly disposed of.

¶29

(S. M. MODAK, J.)

¶30

(M. S. KARNIK, J.)

¶31

Amk 3/3

Venus Developers v. State of Maharashtra and 2 Ors.

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Venus Developers v. State of Maharashtra and 2 Ors.

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