Partly allowed

B.B.G.B.D. Pvt. v. State and Ors.

Rajasthan HC26 Feb 2019CW/1002/1999

Case brief

AI extract

What is this about?

This Court set aside an adjudication order dated 07.09.1998 passed by the Collector (Stamps) for violation of natural justice and lack of site inspection. The matter was remanded for a reopened case subject to joint inspection and fair hearing.

What did the court decide?

The order dated 07.09.1998 was set aside with directions to reopen the case and conduct a joint inspection and hearing within four months.

B.B.G.B.D. Pvt. Vs State and Ors. — Constitutional and Fundamental Rights | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR.

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S.B. Civil Writ Petition No. 1002/1999.

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B.B.G. Builders & Development Private Limited, Badala House, Fatehpura, Udaipur through its Director Sampat Kumar Badala S/o late Ajay Raj ji Badala, Badala House, Fatehpura Road, Udaipur.

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----Petitioner

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Versus

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State of Rajasthan through Secretary to the Government of Rajasthan, Finance (GR-IV) Department, Jaipur.

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Inspector General Stamps, Government of Rajasthan, Kar Bhawan, Ajmer.

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Collector Stamps, Ashwini Bazar, Udaipur.

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Sub Registrar, Panchwati, Udaipur.

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S. Ahmed, Former Divisional Commissioner, Udaipur. C/o Secretary, D.O.P. Secretariat, Jaipur.

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Vipin Chandra Sharma, For Collector and District Magistrate, Udaipur.

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N.R. Yadav, Former Addl. Divl. Commissioner, Udaipur.

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Amar Singh, Former Addl. Collector, Udaipur.

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Both C/o Secretary, D.O.P. Secretariat, Jaipur.

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Ajay Doshi S/o Sohanlal Doshi, Director, M/S A.R. Enterprises Limited, Panchratan Complex, Bedla Road, Udaipur.

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M/S Rameshwar Agencies through proprietor J.A. Aggarwal S/O Magmni Ram, Fatehpura, Udaipur (Rajasthan).

----Respondents

(2 of 3)

[CW-1002/1999]

For Petitioner(s) : Mr. S.G. Ojha. Mr. Deelip Kawadia. For Respondent(s) : Mr. N.S. Rajpurohit, Govt. Counsel.

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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26/02/2019

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Both the counsels agree that in view of the order-sheets which have been placed on record before this Court, the adjudication conducted by the Collector (Stamps) vide order dated 07.09.1998 (Annex.13) was passed without giving a fair and proper opportunity of hearing to both the parties.

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It is also noticed that the inspection of the site in question was also not conducted in the presence of the petitioner and there is a dispute relating to the boundaries of the site and as to what DLC rate shall be applied with regard to the plot falling in between different boundaries.

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Taking into consideration that the matter requires to be adjudicated on facts, this Court is satisfied that the interest of justice would suffice that the matter is remanded back with directions to the Collector (Stamps), Udaipur and the Case No. 01/1995 titled as “Sub Registrar, Udaipur Vs. Ajay Doshi & Anr.” shall be reopened and after giving fair opportunity of hearing to both the parties and also conducting a joint inspection of the property in question, adjudication would be done on facts keeping in view the law as settled by this Court and by the Supreme Court from time to time.

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(3 of 3)

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[CW-1002/1999]

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Accordingly, the order dated 07.09.1998 (Annex.13) is set aside, with directions as above.

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It is directed that a decision in this regard shall be finalised within a period of four months from the date of submission of the certified copy of this order.

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Both the parties shall present themselves before the concerned Collector (Stamps), Udaipur on 25.03.2019.

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The writ petition stands disposed of in the aforesaid terms.

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(SANJEEV PRAKASH SHARMA),J

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4-Mohan/-

B.B.G.B.D. Pvt. v. State and Ors.

Case brief

What is this about?

What did the court decide?

B.B.G.B.D. Pvt. v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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