PIL filed before Bombay High Court to implement e-stamping in Maharashtra

A public interest litigation (PIL) petition has been filed before the Bombay High Court seeking directions to start e-stamping facilities throughout the State of Maharashtra.

. The plea filed by Swapnil Kadam through advocate Sumit Kate, stated that there are 3,665 private stamped paper vendors in Maharashtra.

However, in Maharashtra, ₹100 and ₹500 stamp papers for non-registrable documents are only available in physical form and through mere 12 authorised stamped paper vendors in Mumbai, it was contended.

The petitioner pointed out that the facility of e-stamping is available in 15 states and 6 union territories in the country.

A Bench of Chief Justice Dipankar Datta and MS Karknik issued notice to the respondents while observing that the issue of dearth of stamp vendors raised by the petitioner is, prima facie, serious and requires to be examined further.

. The plea claimed that the Additional Controller of Stamps allegedly closed down government run ex-officio vends in the backdrop of the Telgi fake stamp paper scam.

In this regard, the plea also highlighted how the stamp vending licenses granted to advocates associations were not renewed.

Indian advocates multi-state multi-purpose co-operative society limited, and all advocates welfare organizations had filed a writ petition seeking grant of stamped paper and court fee vending licenses. A writ petition was also filed seeking sufficient supply of the court fee labels.

The High Court directed their administration to inform other advocate bar associations in Mumbai city to avail such licenses.

However, a public charitable trust challenged the order of granting stamp vending licenses to advocate associations.

. Kadam claimed in the present plea that the trust in connivance with the Treasury Department from the Office of Additional Controller of Stamps conspired to stop the renewal of the licenses granted to the advocate associations.

The plea stated that several fabricated complaints came to be filed as part of the conspiracy, and on the strength of those complaints, licenses granted to the advocate associations were not renewed during the COVID-19 pandemic.

The stamped paper vends granted to the advocates association were also closed in December 2020.

. The plea pointed out that the supply of the stamped paper to all the districts in Maharashtra is routed through Mumbai and it results in scarce availability at remote places.

Due to the ongoing pandemic situation, the citizens have to stand in long queues for buying a ₹100 stamped paper and risk their lives. The shortage is resulting in black marketing of stamped papers, the plea stated.

The plea also highlighted how e-stamping facility was once implemented in Maharashtra in 2011 but was subsequently withdrawn due to some technical defects. However, it is currently being implemented smoothly in the other States, the plea said.

. The allotment of stamp vending licenses is a matter of public employment and adequate representation of the vulnerable sections of the society is a constitutional mandate, the petitioner submitted.

The plea, therefore, sought the following reliefs:

To start ex-officio vending in view of Bombay Stamp (Supply and Sales) Rules for Mumbai region;

Directions to respondents to consider the e-stamping facility for Maharashtra;

Directions to provide adequate stamp vending licenses in Mumbai city considering the population, litigation and access to justice for Mumbai city.

. Advocate Uday Warunjikar instructed by Kate appeared for the petitioner.

Additional government pleader BV Samant appeared for State.

. [Read order]

PIL filed before Bombay High Court to implement e-stamping in Maharashtra

Neha Joshi

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