Durgalal Totla v. District Collector (Stamp) Jaipur
2015-12-02
ALOK SHARMA
body2015
DigiLaw.ai
JUDGMENT 1. - From the submissions of the counsel for the petitioner and documents on record, it transpires that the matter was to be listed before the District Collector (Stamp), Jaipur Circle-III on 25.08.2015. Yet the matter was finally adjudicated on 24.08.2015 in the absence of the petitioner or his counsel. Counsel submitted that these facts were brought to the notice of the Collector (Stamp) in an application under Order 47, Rule 1 read with Section 151 CPC which was however dismissed on the ground that the Collector (Stamp) has no power of review. 2. Heard. Considered the submissions of the petitioner. 3. I am of the considered view that where an order has been passed without the party being heard more particularly on the preponement of the matter, the appropriate remedy would have been one for recall of the order. Bringing these facts to the notice of the Collector (Stamp) in an application for review was in any event misdirected as indeed without any power of review conferred on the Collector (Stamp) under the Rajasthan Stamp Act, 1998, the said review petition was not maintainable. 4. Consequently, this petition is disposed of with liberty to the petitioner to move an application for recall of the order dated 24.08.2015 before the Collector (Stamp), Jaipur on the ground of the order being passed in contravention of the principles of natural justice. On the said application being moved, the Collector (Stamp), Jaipur is directed to decide it by a reasoned order. If the petitioner is aggrieved of the order passed on his application for recall, he shall be free to take his remedy in accordance with law.Writ Petition Disposed of with Above Direction. *******