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2015 (5) TMI 322 - DELHI HIGH COURTNon hearing of appellant's petition - Non adjudication of request for determination of stamp duty - Held that:- When the application dated 22.05.2012 was made, to respondent nos. 2 and 3, for adjudication, that application was preferred under Section 31 of the Act. Secondly, there was no order of adjudication passed, which is why, the petitioner approached this court by way of a writ petition. The direction issued by this court led to passing of the order on petitioner’s several applications for adjudication, made in that behalf. Lastly, the impugned order dated 11.02.2013 has, however, been passed by respondent no.3 by taking recourse to Section 47A of the Act. - respondents will have to survive or fall by what is adverted to in the impugned order. The counter-affidavit filed on behalf of the respondents cannot portray a stand different from that which is reflected in the impugned order. The validity and/or the legal tenability of an order passed by the statutory authority has to be gauged from the reasons supplied in the order. The order of the statutory authority cannot be sustained or supplemented by fresh reasons supplied, in the shape of an affidavit. Impugned order dated 11.02.2013, is set aside. The respondent no.3 will accord full opportunity to the petitioner to present her case, and in that behalf, will follow scrupulously the mandate of Section 47A of the Act and the provisions of 2007 Rules. Respondent no.3, will also make, the relevant inquiry, if found necessary, as provided under Section 47A of the Act. Needless to say, the relevant exercise in this behalf will be completed as expeditiously as possible, though not later than twelve (12) weeks - Decided in favour of appellant.
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