Process/format of filing peition/appeal/suit in high courts (gujarat)
Aksh
(Querist) 27 April 2016
This query is : Resolved
Hello Experts,
Brief of the subject matter is as follows...
I had bought a property being land, building and machinery in a public auction conducted by GSFC(Gujarat State Financial Corp.) in 2010 which was duly submitted for registration with the concerned registrar in 2012. The sale deed document was impounded by the registrar and sent to the deputy collector (DC) u/s 32(A) and 33 of Gujarat Stamp Act for valuation of stamp duty payable. Despite submitting various judgments by high courts and even supreme courts clearly stating that no such deficit amount is payable in the given matter, Deputy Collector passed an order asking to pay deficit stamp duty u/s 32(A) and 33. This order was challenged in appeal u/s 53(1) with Chief Controlling Revenue Authority (CCRA), Gandhinagar, Gujarat. He revised DC's order cancelling stamp duty payable u/s 33 but still kept 32(A) which is not at all payable and I've 4-5 judgements by honourable Gujarat High Court in support of my claim. As recently as in April-16, honoruable Guj. High Court has quashed and set aside CCRA's order in similar matter.
The stand taken by the revenue authority in such matters, which is well settled through earlier judgments by various honourable high courts and specifically by honourable gujarat high court, really baffles me and is beyond my understanding.
Now, I want to challenge CCRA's order in Gujarat High Court, if feasible, through party in person. I want to pray for following...
1. To set aside CCRA's order
2. To declare sale deed as sufficiently stamped and refund 25% of the deficit stamp duty asked in DC's order and paid towards filing an appeal with CCRA u/s 53(1) with 15% interest
3. To compensate for the loss of business at 15% interest on the amount invested in the property.
4. To penalize the concerned authority/officers of the stamp valuation department for gross negligence, arbitrariness and misuse of power causing unwarranted delay and thereby loss of business.
I'm looking forward for your guidance regarding filing procedure and format of petition/appeal/suit etc. as relevant in the given matter in honourable Gujarat High Court.
I'll appreciate your valuable advice/guidance on the same.
Thank You.
Aksh
V R SHROFF
(Expert) 27 April 2016
COMMERCIAL QUERY, CAN AFFORD gUJ hc ADV
Aksh
(Querist) 27 April 2016
The query is still unanswered and so still open. Please don't change the status.
Devajyoti Barman
(Expert) 28 April 2016
I endorse the view as expressed by Mr Shroof.
Aksh
(Querist) 28 April 2016
As I commented earlier, if you or anybody wishes, may refrain from answering the query. But kindly don't change the status of the query. It's still unanswered...Let the other willing see the msg and answer the query. Thx
A. A. JOSE
(Expert) 28 April 2016
Dear Aksh,
Considering the facts of your case, it would be wise for you to engage a good lawyer of the Gujarat High Court to effectively handle your case in the High Court.
Aksh
(Querist) 28 April 2016
Thanks for your kind advice.
But it's very appalling that a commoner, even a well educated one, can't access legal system freely without having an agent to represent his/her case. If justice is not freely accessible to people like me, what about those illiterate and uneducated people who make very large section of our Indian society?
Apart from this, my case is so simple that even a higher secondary student can read the previous judgments and understand that there is no merit in CCRA's claims...It's all made out. I've already done the hard work of researching on the subject and now it's only about following court procedure to file an appeal. Above All, I think nobody can represent my interests as well as I can save some court procedural aspects.
FYI, I'm already fighting a case in Ahmedabad City Civil Court as a party in person.
Let me kindly know if you have anything to advise regarding procedures of filing an appeal in GHC in the given subject matter.
Thank You.
Regards,
Aksh
T. Kalaiselvan, Advocate
(Expert) 05 May 2016
Since you have already filed and appearing as a party in person in another civil case in Ahmadabad, it would be easier for you to follow the high court procedures also which are not complicated as you think. A few changes which if observed from a close range, may have to borne in mind.
In fact you can take outside help from an advocate practicing in high court Ahmadabad for knowing the filing procedures alone.
Aksh
(Querist) 05 May 2016
Dear T.Kalaiselvan Sir,
Thanks for your positive feedback and encouragement.
I've already done further digging and came across Gujarat High Court rules on GHC website which describes procedure as followed in GHC which I find very much similar as followed in lower courts. I'm familiar with CPC 1908 and principles & forms of pleading & Conveyancing so no problem there.
I was only concerned about any particular form/format/template followed by GHC as is the case with MP HC as per following link for a writ petition under article 226...
http://hanumant.com/formats/DPC-Writ%20Petition%20Art%20226.html
I didn't find any such form/format/template in the book of GHC rules. Does it mean that such forms/format/template as followed by other high courts are good for GHC as well? Can I make inquiries of the same with Registrar of GHC?
Also regarding compensation and penalty as prayed in above, do we have any precedent in terms of judgments by high courts and supreme courts? Any pointer in that regard?
Thanks,
Aksh
