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[2025:RJ-JP:13350-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 16416/2019 M/s. Arihant Enterprises, A Partnership Firm, Having Registered Address At 29 Janpath, Shyam Nagar, Jaipur Through Its Partner Sh. Vinay Chordia, S/o Sh. Labh Chand Chordia, Resident Of C- 61, Sangram Colony, C-Scheme, Jaipur. ----Petitioner Versus
1. The Collector (Stamp), Circle-II, Jaipur Mini Secretariat, Jaipur.
2. Deputy Inspector General, Registration And Stamps, Jaipur Circle-Ii, Jaipur.
3. State Of Rajasthan, Through Sub-Registrar-Vi, Jaipur, First Floor, Nagar Nigam Building, Chougan Stadium, Jaipur.
4. The Jaipur Development Authority, Through Its Commissioner, J.l.n. Marg, Jaipur. ----Respondents For Petitioner(s) : Mr. Ashish Sharma For Respondent(s) : Mr. Kartikeya Sharma for Mr. Sandeep Taneja, AAG HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE MANEESH SHARMA
Order 25/03/2025 AVNEESH JHINGAN, J. (ORAL):-
1. This petition is filed seeking quashing of notice dated 13.07.2019 and attachment warrant dated 11.09.2019.
2. The brief facts are that the petitioner firm applied for conversion of land under Section 90-B of the Rajasthan Land Revenue Act,1956. After conversion, the lease dated 10.04.2014 was issued in favour of the petitioner and was registered on
16.04.2014. Upon audit objections, reference proceedings were
[2025:RJ-JP:13350-DB] (2 of 2) [CW-16416/2019] initiated under Section 51 of the Rajasthan Stamps Act, 1998 (for short ‘the Act’). The petitioner appeared in pursuance to the notice dated 22.01.2019 and thereafter fail to appear. An ex parte order dated 25.02.2019 was passed creating a demand of Rs.1.60 crore. The petitioner filed an application under Section 52 and 52-A of the Act read with Order 9 Rule 13 CPC. During pendency of the application, recovery proceedings were initiated. Hence, the present petition.
3. While issuing notice of motion the operation of the attachment warrant was stayed.
4.
Learned counsel for the parties submit that they have not got instructions with regard to status of the application filed under Section 52 and 52-A of the Act.
5. This petition is disposed of with direction that the application pending before the Collector (Stamps), Jaipur Circle-II shall be decided within four weeks from date of receipt of certified copy of this order, in case not already decided.
6. In case of pendency of the application, the interim protection granted by this Court shall continue till decision of the application.
7. It is clarified that in case the application has been decided, the copy of the order shall supplied to the petitioner, if not supplied. Petitioner shall be at liberty to avail remedies in accordance with law if aggrieved of the order.
(MANEESH SHARMA),J (AVNEESH JHINGAN),J RIYA/45