Gujarat High Court
Chirag Dashrathbhai Patel vs State Of Gujarat on 28 August, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/14565/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14565 of 2019
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CHIRAG DASHRATHBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
DHRUV J PATEL(9232) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR ROHAN N SHAH, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 28/08/2019
ORAL ORDER
Draft amendment tendered but not pressed. NOTICE returnable on 23rd OCTOBER 2019.
Learned advocate for the petitioner submits that the Controlling Authority exercised powers under Section 53 of the Gujarat Stamp Act, 1958 on the ground that the Deputy Collector, at the relevant time, had granted reduction of 20% in market value while assessing the land in question covered under the document. However, the scheme for reduction of 20% was not applicable. Having exercised powers under Section 53(A) of the Gujarat Stamp Act, 1958 on such grounds, the CCRA has thereafter expanded the scope and has valued the property on his own. However, while doing so, he has taken into consideration a fact that the construction of 2363.01 square meters was in existence. This finding is baseless, Page 1 of 2 Downloaded on : Fri Aug 30 21:12:13 IST 2019 C/SCA/14565/2019 ORDER as according to the petitioner, as on date, on the land in question, no such construction is existing. It is submitted that this aspect was produced before the CCRA along with the photographs, but still not been considered.
In view of the aforesaid, by way of interim relief an order dated 15.07.2019 is stayed till the returnable date. As a consequence, notice of attachment dated 08.08.2019 is also ordered to be stayed.
Direct Service is permitted.
(A.Y. KOGJE, J) URIL RANA Page 2 of 2 Downloaded on : Fri Aug 30 21:12:13 IST 2019