Gujarat High Court
SCA/270/1993 of KALPANABEN SUDHIRBHAI PATEL Vs STATE OF GUJARAT on 26 November 1998
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 270 of 1993 For Approval and Signature: Hon'ble MR.JUSTICE KUNDAN SINGH ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? - 2. To be referred to the
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 270 of 1993
For Approval and Signature:
Hon'ble MR.JUSTICE KUNDAN SINGH
============================================================
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1. Whether Reporters of Local Papers may be allowed to see the judgements? -
2. To be referred to the Reporter or not? - JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ
3. Whether Their Lordships wish to see the fair copy of the judgement? -
4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? -
5. Whether it is to be circulated to the Civil Judge?
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-------------------------------------------------------------- KALPANABEN SUDHIRBHAI PATEL
Versus
STATE OF GUJARAT
-------------------------------------------------------------- Appearance:
MR JITENDRA M PATEL for Petitioner
MR VB GHARANIYA for Respondents.
CORAM : MR.JUSTICE KUNDAN SINGH
Date of decision: 26/11/98
ORAL JUDGEMENT
Heard learned counsel for the parties.
2. This matter arises from the adjudication with regard to valuation of the property under the Bombay Stamp Act and the petitioner has challenged the order dated 19-5-1992 in respect of the document no. 2751 dated 11-12-1989.
3. Learned counsel for the petitioner submits that the petitioner has not been given any opportunity of meeting with the report submitted with the concerned authority based on the decision which has been rendered by the lower authority. The petitioner wants to avail of an opportunity of hearing as well as the benefits of the Government Resolution dated 29-7-1998 which is to be expired on 30-11-1998.
3. In the facts and circumstances of the case, the impugned order dated 19-5-1992 is hereby quashed and set aside and the matter is ordered to be remanded to the respondents with a direction to invite the petitioner's attention to the material on the basis of which the respondent no. 1 would propose to assess the value of the property in question and to give to the petitioner reasonable opportunity of meeting with the same. It is clarified that no opinion is expressed by this Court on merits of the matter.
4. It will be open to the petitioner to make a reference to the Government Resolution dated 29-7-1998 and when the said Resolution is canvassed, the same shall be considered and decision shall be taken in accordance with law.
5. Rule is made absolute accordingly, with no order as to costs. The copy of this order is ordered to be issued directly to the learned counsel for the petitioner today on payment of usual charges.
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