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Judgment
K.S. Jhaveri, J.—The petitioner has challenged the order dated 20th February 1993 passed by Deputy Collector and further prayed for a direction to respondent No. 1 to register and return the document presented by the petitioner for registration.
The petitioner purchased and immovable property situated in the sim of Sayaji Gunj, district and sub district of Vadodara and presented the document for registration under the provisions of the Indian Registration Act on 19/5/1990. The respondent No. 2 Deputy Collector issued notice on 24/9/1992 calling upon the petitioner to show cause as to shy deficit stamp duty of Rs. 9,650/- should not be recovered from the petitioner and why penalty of Rs. 250/- should not be imposed. Thereafter respondent No. 2 passed an order on 20/2/1993 directing the petitioner to pay a sum of Rs. 9,900/- which is challenged in this petition.
The petition was admitted and the following order was passed on 21/6/1993:
Heard the learned Counsel as regards interim relief.
By way of interim relief recovery of the amount of deficit stamp duty pursuant to the impugned order is stayed on condition that in case the petitioner loses in the petition and is required to make the payment of the amount of deficit stamp duty as directed in the impugned order or any other amount as may be directed by this Court, the same shall be paid by the petitioner with 15% interest from the date of this order.
Similar issue was raised in Special Civil Application No. 10451 of 1995 and other allied matters. This Court, in view of the decision of Larger Bench in the case of Shailesh J. Varia v. Sub-Registrar, Narmad Bhavan reported in 1996 (2) GLH 848, vide order dated 11/4/1997 permitted the petitioners to withdraw the petitions with certain directions.
In view of the above, the following order is passed in this petition.
The petitioner is permitted to withdraw this petition with a view to enable her to take appropriate action under the provisions of Bombay Stamps Act, 1958.
The petitioner is directed to approach the appropriate authority within a period of six weeks from today.
It is further directed that the competent authority shall not raise any objection about delay, if such an application is made within six weeks from today.
In view of the above order interim relief granted earlier to continue if such application is made within a period of six weeks from today. The authority shall decide the application in accordance with law.
In view of the aforesaid, the above petition is disposed of as withdrawn. Rule is discharged. No order as to costs.