- (1.) THIS bunch of writ petitions (detailed in Schedule-A) have been filed before the division Bench, seeking to challenge the orders passed by the Collector, under chapters IV, V and Clause (a) of the proviso to Section 29 and/or Section 35 of the rajasthan Stamp Act, 1998, and seeking to challenge the validity of the provisions of proviso to S. 65 (1) of the Rajasthan Stamp act, 1998, and since for the present purposes they involve the common question of law, petitions are being disposed by this common order.
(2.) WE need not encumber the judgment by narrating facts of each individual case, and may confine our judgment to the validity of provisions noticed above only, as the matters have come up before Division Bench only on account of validity of above provisions having been challenged.
(3.) TO start with, we may be gainfully reproduce the provisions of Section 65 of the rajasthan Stamp Act, 1998, hereinafter referred to as the Act, as a whole, which reads as under :- "65. Revision by the Chief Controlling revenue Authority.- (1) Any person aggrieved by an order made by the Collector under Chapters IV and V and under Clause la) of the first proviso to Sec. 38 and under sec. 35 of the Act, may within 90 days from the date of order, apply to the Chief Controlling revenue Authority for revision on such order : provided that no revision application shall be entertained unless it is accompanied by a satisfactory proof of the payment of fifty per cent of the recoverable amount. (2) The Chief Controlling Revenue Authority may suo motu or on information received from the registering officer or otherwise call for and examine the record of any case decided in proceeding held by the collector for the purpose of satisfying himself as to the legality or propriety of the order passed and as to the regularity of the proceedings and pass such order with respect thereto as it may think fit : provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter. ";