Bombay High Court
Bano Saiyed Parwaz vs Chief Controlling Revenue Authority ... on 3 June, 2019
Author: K.K.Tated
Bench: K.K. Tated
25.281.19-wp.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Writ Petition No.281/2019
Office Notes, Office Court's or Judge's orders.
Memoranda of
Coram, appearances,
Court's orders or
directions and
Registrar's orders
Mr. Anand Pande i/b. Ashok Pande for the
Petitioner
Mr. Kedar Dighe, AGP for the State.
CORAM : K.K.TATED, J.
DATED : JUNE 3, 2019
P.C.
1 Heard. By this petition under Article
226 of the Constitution of India the Petitioner seeks to set aside the orders dated 09.06.2015 and 25.02.2016 passed by the Respondent refusing to refund the stamp duty on the ground of limitation.
2 The learned counsel for the Petitioner submits that they purchased the stamp paper on 13.05.2014 and immediately thereafter they made an on-line Application on 22.10.2014 for refund of the amount. He submits that thereafter they submitted a hard copy of the said Application along with the stamp paper in Basavraj G. Patil 1/2 ::: Uploaded on - 06/06/2019 ::: Downloaded on - 14/07/2019 03:48:37 ::: 25.281.19-wp.doc the office of the Respondent on 11.12.2014. Therefore, there is no question of delay on the part of the Petitioner in applying for refund of the stamp duty.
3 On the other hand, the learned AGP for the Respondent submits that the Petitioner has failed to file a hard copy of the Application within six months from the date of purchase of the stamp paper. He submits that it is mandatory as per the Government Resolution dated 03.01.2014. For that purpose, he seeks two weeks' time to file Affidavit-in-Reply with copy to other side.
4 Hence, the following order is passed:
a. Liberty granted to the Respondent to file Affidavit-in-Reply, if any, on or before 21.06.2019.
b. Rejoinder, if any, to be filed on or before 28.06.2019.
S.O. to 01.07.2019.
(K.K.TATED, J.) Basavraj G. Patil 2/2 ::: Uploaded on - 06/06/2019 ::: Downloaded on - 14/07/2019 03:48:37 :::