Bombay High Court
Landmark Developers vs The State Of Maharashtra And Ors on 23 November, 2020
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
Megha 40_IAST_93975_2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (STAMP) NO.93975 OF 2020
IN
WRIT PETITION NO.8089 OF 2019
Landmark Developers through
its partner-Mr. Vinod
Harshkumar Bhansil ...Applicant
Versus
The State of Maharashtra and
Ors. ...Respondents
....
Mr. Anurag Mishra i/b. Mr. Avinav Rau for the Applicant.
Mr. P.P. Pujari, AGP for the State.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 23rd NOVEMBER, 2020.
P.C.:-
Heard learned counsel for the Applicant and learned AGP for the Respondent-State.
2. The Petitioner herein has moved this application for interim relief to stay the efect and operation of notice dated 05/03/2020 issued under Section 179 of Maharashtra Land Revenue Code, 1966 (MLRC).
3. By order dated 29/06/2018 the Petitioner had been directed to deposit defcit stamp duty to the tune of Rs.17,78,400/-. Said order has been confrmed by the impugned 1/3 Megha 40_IAST_93975_2020.doc order dated 10/12/2018. The Petitioner has challenged the said order and sought stay of the efect, operation and implementation of the impugned order dated 10/12/2018.
4. The prayer for interim relief was earlier considered by this Court. Order dated 16/10/2019 passed by this Court (Coram : Ujjal Bhuyan, J.) reads thus :-
"Heard Mr. Balasubramaniam, learned counsel for the petitioner.
2. On 14.10.2019, the following order was passed:
"Petitioner seeks stay of impugned order dated 10.12.2018 whereby he has been asked to pay additional stamp duty of Rs.17,78,360.00.
2. On a query by the Court towards deposit of 25% of the aforesaid amount in which case Court may consider grant of stay, learned counsel for the petitioner seeks time to obtain instructions.
3. Stand over to 16.10.2019.
4. Learned counsel for the petitioner shall furnish English translation of the impugned order on the next date."
3. Learned counsel for the petitioner submits that petitioner is not in a position to deposit 25% of the additional stamp duty.
4. Issue notice, returnable 8 weeks.
5. Mr. Babar, learned AGP waives notice for all the respondents.
6. Mr. Babar submits that afdavit on behalf of the respondents has already been fled.
7. List this matter in the admission column on 06.02.2020. An endeavor may be made to dispose of the writ petition on that date."
5. During the pendency of the petition, Respondent has issued notice dated 05/03/2020 under Section 179 of the MLRC. 2/3
Megha 40_IAST_93975_2020.doc Vide the said notice the Petitioner has been called upon to pay additional stamp duty as well as penalty. Learned counsel for the Petitioner under instructions states that without prejudice to his rights and contentions, the Petitioner is ready to deposit 25% of the alleged defcit stamp duty of Rs.17,78,360/-. He undertakes to deposit the said amount within two weeks. Statement accepted.
6. In the light of the said statement, implementation and operation of notice dated 05/03/2020 is stayed till disposal of the petition. It is made clear that in the event Petitioner fails to deposit the amount as undertaken, interim relief granted shall stand vacated without further reference to the Court.
7. Interim application stands disposed of accordingly.
8. This order shall be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
Preeti H. Jayani (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Preeti H. Jayani Date: 2020.11.25 15:17:08 +0530 3/3