✦ High Court of India · 21 Jan 2025

Mohammed Abdul Waheed v. The State of Telangana

Case Details High Court of India · 21 Jan 2025
Court
High Court of India
Decided
21 Jan 2025
Bench
Not available
Length
1,061 words

Petition under Article 226 oI lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order, or direction declaring the inaction of the Respondents, particularly the District Collector, Ranga Reddy District, in processing and refunding the amount of 10,10,4121- paid by the petitioner through Dharani Portal, despite the detailed representation dated 2411212024 and supporting documents, as arbitrary, illegal, and violative of Articles 14 and 300A of the Constitution of lndia, and consequently direct the Respondents to refund the said amount along with interest at the rate of l2percent per annum from the date of cancellation request till the date of payment, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to Direct The Respondents, particularly the District Collector, Ranga Reddy District, to consider the representation of the petitioner daled 2411212024 and take necessary steps for refund of 110,10,4121t paid by the petitioner along with 12%. Interest rate per annum within a stipulated time. Counsel for the Petitioner : SRI PALLY VINOD KUMAR REDDY Counsel for the Respondents No.'|,3,4,6&7: GP FOR REVENUE Counsel for the Respondents No.2&5 : GP FOR FINANCE The Court made the following: ORDER 1 THE HONOURABLE SMT. JUSTICE T. MADIIAVI DEVI WRIT PETITIONNO.1567 oF 202s ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents particularly respondent No.6 in not processing and refunding the amount of Rs.10,10,412/- paidby the petitioner through Dharani Portal in the year 2022, despite a detailed representation dated 24.12.2024 as illegal 'and arbitrary and consequently to direct the respondents to consider the representation of the petitioner dated 24.12.2024 for refund the said amount along with interest at the rate of l2Yo p.a. from the date of cancellation request till the date ofpayment and to pass such other order or orders.

2. Leamed counsel for the petitioner submitted the petitioner intended to purchase an agricultural land in Sy.No.l64ler, situated at Nagaram Village, Maheshwaram Mandal, Ranga Reddy District and as part of registration process, the petitioner booked a slot on the Dharani Portal with Application No.2100543382 and pa:d an amount of Rs. 1 0, 1 0,4 1 2l - on 1 9. I I .2022 bearing Challan N o.33 0292939 1227 . Leamed counsel for the petitioner further submitted that the petitioner 2 W.P. No.l567 of 2025 made a cancellation request otr 24.11.2022 seeking refund of the said amount as the said transaction could not be processed in the Dharani Portal. Leamed counsel for the petitioner further submitted that the said representation of the petitioner was not considered and thereafter, the petitioner made a detailed representation dated 24.12.2024 to the respondents, but no action has been taken by the respondents till date. Therefore, the present Writ Petition has been filed

3. Leamed Govemment Pleader for Stamps and Registration, appearing for respondents No.l, 3, 4,6 &.7 and learned Government Pleader for Finance, appearing for the respondents No.2 & 5, however, seeks time to get instructions in the matter

4. However, this Court finds that the petitioner claims to have made payment in the year 2022 and till date, the said amount has not been refunded to him. Therefore, this Court is inclined to dispose of this Writ Petition with a direction of respondents No.4 and 6 to consider the representation of the petitioner dated 24.12.2024 and, to refund the sum of Rs.10,10,412/- to the petitioner along with interest as is applicable on fixed deposits with SBI and the amount shall be refunded within a period of two (02) weeks from the date of receipt of 3 W.P. No.1567 of 2025 a copy of this order or a suitable reply shall be given to the petitioner, if the amount is not to be refunded to the petitioner. There shall be no order as to costs.

5. Pending miscellaneous petitions, if any, in the Writ petition shall stand closed SD/-B.CHANDRA PRAKASH ASSISTAN EGI To, //TRUE COPY// S ON OFFICER 1 . The Principal Secretary, Revenue Department, Stamps and registration Secretariat, State of T6langana, Hyderabad, Telangana

2. The Principal Secretary Finance Department Secretariat Buildings State of Telangana, Hyderabad State of Telangana

3. The Chief Commissioner of Land Administration, CCLA Nampally Station Road Abids Hyderabad State ofTelangana

4. The Commissioner and lnspector General of Registration and Stamps, Telangana State, Hyderabad

5. The Director of Treasuries and Accounts, lll Floor TSGLI Building Bheema Bhavan Tilak Road Abids Hyderabad State of Telangana 6. The District Collector, Ranga Reddy District, Telangana 7. The Tahsildar and joint sub registrar, Maheshwaram Mandal, Ranga Reddy District, Telangana

8. One CC to SRI PALLY VINOD KUTUAR REDDY, Advocate. [OPUC] 9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. IOUTI

10. Two CCs to GP FOR FINANCE, High Court for the State of Telangana. [OUTI 11.Two CD Copies. BSt</BSK at- I i I i I I x i I q I ;'t 4 CC TODAY ( l 1tl E -> L.r i. {: 21 J[l' 2U5 "/ HIGH COURT TMD,J DATED:2110112025 ORDER WP.No.1567 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0

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