Bombay High Court
Konark Infrastructure Ltd vs Collector Of Stamps, Thane City And Ors on 5 December, 2018
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
15-wp-7619.2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPELLATE JURISDICTION
Writ Petition NO. 7619 OF 2017
Konark Infrastructure Ltd. ...Petitioner(s)
Versus
Collector Of Stamps And Ors. ...Respondent(s)
WITH
Writ Petition NO. 1223 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
Versus
Collector Of Stamps And Ors. ...Respondent(s)
WITH
Writ Petition NO. 1224 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
WITH
Writ Petition NO. 1464 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
WITH
Writ Petition NO. 2111 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
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Writ Petition NO. 2116 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
WITH
Writ Petition NO. 2117 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
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Writ Petition NO. 2118 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
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Writ Petition NO. 3991 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
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Writ Petition NO. 6923 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
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Writ Petition NO. 6972 OF 2018
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
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Writ Petition (ST) NO. 16432 OF 2017
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
WITH
Writ Petition (ST) NO. 21502 OF 2017
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
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Writ Petition (ST) NO. 21504 OF 2017
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
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Writ Petition (ST) NO. 21518 OF 2017
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps And Ors. ...Respondent(s)
WITH
Writ Petition (ST) NO. 29304 OF 2017
Konark Infrastructure Ltd. ...Petitioner(s)
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Collector Of Stamps,Thane & Ors. ...Respondent(s)
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15-wp-7619.2017.odt
Mr.L.M. Acharya I/by Anish Khandekar for the petitioners.
Mr.B.V. Samant, AGP for respondent State.
CORAM : B.P. DHARMADHIKAKRI &
SARANG V. KOTWAL, JJ.
DATE : DECEMBER 05, 2018 P.C.:
Writ Petition No. 7619 of 2017 :
Head respective counsel.
2. Though this court has not issued any formal notice in the matter, it appears that the State Government is appearing since 7.7.2017. No reply is filed by the State.
3. Though petitioner has received show cause notice, demanding deficit stamp duty, the petitioner replied to it on 30/7/2016. In that reply, in paragraph 3, petitioner has stated that it was duty bound to pay the Stamp Duty as per adjudication and accordingly it has been paid. Before us challan dated 25/11/2016 showing payment of Stamp Duty of Rs.21,19,1000/- is also produced. The agreement between the parties is dated 28/6/2010.
4. After receipt of the reply of show cause notice by the impugned order dated 6/7/2016, the Assistant Registrar and nilegaonkar 4/5 ::: Uploaded on - 07/12/2018 ::: Downloaded on - 29/12/2018 07:05:50 ::: 15-wp-7619.2017.odt Stamp Duty collector Thane has called upon the petitioner to pay deficit Stamp Duty of Rs.15,90,060. This order however, does not take note of the defence that the stamp duty as adjudicated has been paid.
5. In this situation, we direct the said authority to consider the impact of the adjudication order in which petitioner has paid stamp duty of Rs.21,49,100 on 25/11/2010. This impact shall be examined and suitable reply affidavit shall be filed before this court without fail by 5/2/2019.
6. At this stage, counsel for the petitioner and learned AGP points out that there are 15 other matters of same nature. The chart containing the details of the date on which Stamp Duty has been paid after adjudication, the date of the impugned order passed by the Assistant Registrar and Stamp Duty Collector, the deficit amount demanded by him are pointed out. We take this charge on record as Exh. "X" for identification.
7. As agreed, since the controversy involved is identical, the said authority shall undertake the scrutiny as mentioned supra, even in the other connected matters and report by 5/2/2019. (SARANG V. KOTWAL, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 5/5 ::: Uploaded on - 07/12/2018 ::: Downloaded on - 29/12/2018 07:05:50 :::