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REKHA DEVI AND ORS versus STATE

High Court of Rajasthan

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REKHA DEVI AND ORS v STATE - CW Case No. 3349 of 2007 [2007] RD-RJ 2530 (8 May 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No.3349/07

Rekha Devi & Ors.

Vs.

State of Raj. 8.5.2007

Hon'ble Mr. Justice Mohammad Rafiq

Shri Suresh Sahni for petitioners.

Heard learned counsel for the petitioners.

The petitioners have challenged the order dated 25.2.2004 passed by the

Collector Stamps and the subsequent order dated 8.11.2006 by which his application for setting aside that order was rejected.

Learned counsel for the petitioner argued that the aforesaid order was passed without giving any opportunity of hearing to the petitioners in as much as the petitioners have been required to make payment of a very heavy amount assessed as deficient as stamp duty and application made for recalling of the order has been rejected. On perusal of the impugned order,

I find that the petitioner has an alternate remedy of filing revision petition before

Chief Revenue Controlling Authority in accordance with the provisions of Section 65 of the Rajasthan Stamp Act. I therefore do not see any extra ordinary reason in bypassing the statutory remedy provided for in the Act itself and entertain writ petition.

The petition is therefore dismissed as not maintainable.

(Mohammad Rafiq),J.

Rs/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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