Anu Mehta v. State of Rajasthan
Case brief
What is this about?
This single-paragraph oral order addresses a writ petition challenging a recovery order for insufficient stamp duty. The High Court found that petitioners were denied a fair opportunity to file a reply before the order was passed. Consequently, the court set aside the order, granted liberty to file a reply and re-adjudicate the matter, and stipulated that deposited amounts remain liable until a fr
What did the court decide?
Impugned order set aside; liberty granted to file reply before competent authority within four weeks for fresh adjudication.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4402/2021
- Anu Mehta S/o Sh. Shantilal Mehta, Aged About 52 Years, R/o 98-L Road, Bhopalpura Udaipur.
- Radha Rani Sharma W/o Mahesh Chandr Sharma, Aged About 66 Years, R/o Kaustubh, 1-A, Navratna - Modern Link Road, Bhuwana, Udaipur.
----Petitioners
Versus
- State Of Rajasthan, Through The Secretary, Department Of Registration And Stamps, Secretariat, Jaipur.
- Sub Registrar, Barganv, Udaipur (Raj.)
- Collector (Stamps), Circle Udaipur, Udaipur (Raj.) 4. M/s Vallabh Build Mate, Galaxy Appartment Adinath Nagar, Bedala Road Udaipur Through Its Proprietor / Partner
- M/s Sharma Marmo Associate Pvt. Ltd., 19 Polo Ground Udaipur Through Its Proprietor / Partner.
Issues for consideration
3 issues framed by the court
Whether the Collector of Stamps passed the impugned recovery order without affording the petitioners an effective opportunity to file a reply.
Whether the alternative remedy under Section 65 of the Rajasthan Stamp Act, 1998 bars the writ petition when the petitioner was denied the chance to file a reply.
Whether the impugned order setting aside recovery requires fresh proceedings after the petitioner files a reply.
Parties & counsel
- petitioner
Anu Mehta
- petitioner
Radha Rani Sharma
- respondent
State Of Rajasthan
- respondent
Sub Registrar, Barganv
- respondent
Collector (Stamps), Circle Udaipur
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- CW/4402/2021
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