Heard learned advocate Mr. Panchal for the petitioner. The petitioner has invoked Article 226 of the Constitution of India on account of non-application of mind on the part of the concerned authorities in assessing the facts mentioned in the sale document which would not permit the authority to assess higher stamp duty than the one applicable in the relevant time when the sale was effected. The presentation of document of sale executed after the new jantri rate came into existence would ipso facto not deprive the petitioner of his right to contend that the value of the property reflected in the sale document is the value which may not necessarily to be governed by jantri rate, as there was price fixation by the statutory authority viz. Charity Commissioner as the property is purchased in auction conducted under the auspice of Charity Commissioner. Hence notice pending admission returnable on 31/1/2012.
/vgn [ S.R.
BRAHMBHATT, J ] Top