KARIBEN LAKHANSHIBHAI GODHANIYA Vs. DEPUTY COLLECTOR AND 2

JUDGEMENT

(1.) By way of this petition, the petitioner has inter alia prayed to quash and set aside the order dated 10th February 2009 passed by the respondent No.1 at Annexure-F declaring it to be illegal, arbitrary and against the principles of natural justice and also to quash and set aside the order dated 09th July 2003 passed by the respondent No.1 at Annexure-B declaring it to be violative of the provisions of Bombay Stamp Act, 1958 (hereinafter referred to as 'the Act').

(2.) The facts of the case stated in brief are that the petitioner had purchased plot No.6 of Final Plot No.20 of Jamnagar City situated at Aerodrome, including construction on it bearing Survey No.129 admeasuring 203.27 sq.mtrs. by registered sale deed registered with the office of the Sub-Registrar, Jamnagar at Sr.No.7085 and appropriate stamp duty was affixed.

(3.) Heard learned counsel for the respective parties and perused the documents on record. Respondent No.2-authority has rejected the appeal of the petitioner mainly on the ground of delay and not on merits. It is required to be noted that the higher authority is required to consider the decision of the lower authority on merits in order to give substantial justice to the parties if there is any error on the part of the lower authority. In my opinion, denying the right of an appeal on mere technical plea of limitation, in a case like the present one, is not just and proper.