Learned counsel for the petitioner has invited this court's attention to the communication dated 06.03.2012 at page-82, whereunder, the petitioner was called upon to complete with the requirements mentioned thereunder. On petitioner's complying with the request, it was informed that the order is passed and when the order came, it was an order dated 17.03.2012, admittedly, after the petitioner supplied or complied with the requirements.
This court is of the prima-facie view that the conduct as it is evinced from the averments and facts in the petition, deserve appropriate examining and if found correct, severe deprecation. In short, it amount to abducting the bare minimum duty relied upon the respondents in respect of provisions of Section 54 (1A) of the Gujarat Stamp Act, 1958.
In view of this, let there be a notice for final disposal. The respondent no. 1 himself shall file an affidavit indicating as to under what circumstances and for what reason the order at Annexure - F dated 17.03.2012 came to be passed, when there was a complete compliance with the requirement and assuming for the sake of examination without holding that there was non-compliance, then also, when the section itself envisaged power to condone delay, if any. The non-filing of the affidavit-in-reply by respondent no. 1 on the returnable date shall be viewed as if there exists no explanation whatsoever on the part of the respondent no. 1 and court will allow this Special Civil Application in its totality with costs.
Notice returnable on 23.04.2012. No coercive steps to be taken in the meantime and till the returnable date. Learned advocate for the petitioner assured the Court that service will be effected to the respondents on or before 13.04.2012. Direct service permitted today.
(S.R.BRAHMBHATT, J.) pallav Top