Allowed

Shri Sanjay Gupta S/O Shri Narayan Dutt Gupta v. the State of Rajasthan

Rajasthan HC21 Nov 2024CW/9241/2021

Case brief

AI extract

What is this about?

This Rajasthan High Court bench allowed a writ petition quashing an order passed by the Collector during the pandemic for denying a hearing opportunity. The court set aside the order and remitted the matter to the Collector to decide afresh after providing a hearing, setting a six-month deadline.

What did the court decide?

Impugned order dated 12.01.2021 set aside; matter remitted to Respondent No.2 to decide afresh after hearing within six months.

Shri Sanjay Gupta S/O Shri Narayan Dutt Gupta Vs… — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JP:47769-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 9241/2021

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Shri Sanjay Gupta S/o Shri Narayan Dutt Gupta, Aged About 63 Years, R/o Station Road, Alwar (Raj.).

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Shri Ramchand Yadav S/o Shri Jai Singh Yadav, Aged About 55 Years, R/o Village Ladpur, Tehsil Bansur, District Alwar (Raj.).

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----Petitioners

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Versus

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The State Of Rajasthan, Through Its Sub-Registrar, Jaipur-V, Jaipur City, (Raj.).

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The Collector (Stamp) Jaipur-I, Collecotrate, Jaipur (Raj.). 3. M/s. Shri Shyam Build Structures Private Limited, Through Director Shri Vinod Kumar Jhalan, Registered Office At Mor Bhawan, Bajaj Road, Sikar (First Party) (Raj.).

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Shri Someshwar Gupta S/o Shri Makran Gupta, R/o Plot No. B-121, Mangal Marg, Bapu Nagar, Jaipur (Raj.) (Second Party).

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----Respondents

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For Petitioner(s) : Mr. Punit Singhvi For Respondent(s) : Mr. Sandeep Taneja, AAG with Mr. Kartikeya Sharma Mr. Rahul Kamwar Mr. Mukesh Dudi with Mr. Vishal Kumar

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HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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21/11/2024

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AVNEESH JHINGAN, J (ORAL):-

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This petition is filed seeking quashing of order dated 12.01.2021, passed by Collector (Stamp), Jaipur-I.

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The brief facts are that on 13.12.2013 agreement to sell was executed between respondent Nos. 3 and 4 which was allegedly, subsequently canceled. On a complaint made, the proceedings

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(2 of 2)

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[2024:RJ-JP:47769-DB]

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[CW-9241/2021]

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were initiated for charging the stamp duty. The pleadings culminated in the impugned order. The short grievance raised in the petition is that the notices and the order were passed during the pandemic, resulting in a denial of reasonable opportunity to the petitioner to defend the case.

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Though, there is a statutory remedy available to the petitioners, considering that the order was passed in violation of principles of natural justice. The interference is being made in the writ jurisdiction.

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Learned counsel for the respondent No.3 submits that review petition is pending and in case the impugned order is being set aside and the petition is allowed, respondent be granted permission for withdrawal of the review petition.

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Without commenting upon the merits of the case, the impugned order is set aside and matter is remitted to respondent No.2 to decide the case afresh in accordance with law after providing an opportunity of hearing to the parties.

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The writ petition is allowed.

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To avoid further complication and delay, let the parties appear in the office of respondent No.2 on 20.12.2024 at 11:00 AM.

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It would be desirable that the respondent No.2 shall make an endeavour to decide the matter expeditiously but not later than six months from the first appearance of the parties.

(ASHUTOSH KUMAR),J

(AVNEESH JHINGAN),J

NEERU/Chandan/51

Whether Reportable: Yes / No

Shri Sanjay Gupta S/O Shri Narayan Dutt Gupta v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shri Sanjay Gupta S/O Shri Narayan Dutt Gupta v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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