✦ High Court of India · 30 Apr 2025

High Court · 2025

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,055 words

Petition under Article 226 of the 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 appropriatg writ order or direction declaring the inaction of Respondent No.5 in considering my representation dated 20-Q7-2023 seeking refund of Rs.2.25,9761 - (Rupees Two lakhs twenty five thousand nine hundred seventy six only) paid vide e-Challan No REG23004808 12 dated 27-06-2023 towards Stamp Duty, IVlutation Charges, PPB Charges, Transfer Duty, Registration Fees and Haritha Nidhi for Registration Application No.2300494368 dated 28-06-2023 for execution of Sale Deed booked in Dharani Portal and subsequently cancelled slot on 17-07-2023 vide Refund ld RR2300009546, as illegal, arbitrary and contrary to the provisions of The lndian Stamps Act, 1899 and The Registration Act, 1908 and violative of ArticleS 14,21 and 300-A of the Constitution of lndia and consequently direct the Respondent No.4 and 5 to forthwith refund the entire amount of Rs. 2,25,976/- (Rupees Two Lakhs Twenty-Five Thousand Nine Hundred and Seventy-Six only) to the Petitioner along with interest at the rate of 12 percent per annum flom the date of slot cancellation (17 -07 -2023) till the date of refund. lA NO: 1 OF 025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the Respondent No.4 and 5 to forthwith refund the entire amount of Rs 2,25,976^ (Rupees Two Lakhs Twenty-Five Thousand Nine Hundred and Seventy-Six only) to the Pgtitioner along with interest at the rate ot 12% per annum from the date of slot cancellation (17 -07 -2023) t'll the date of refund, pending disposal of the writ petition. Counsel for the Petitioner: SRI cUNDRATI RAMAN GOUD Counsel for the Respondent Nos.1,3 TO 6: GP FOR STAMPS AND Counsel for the Respondent Nos.2 & 7: GP FOR FINANCE REGISTRATION The Court made the following: ORDER ----7 THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No. 11983 of2025 ORDER: . This Writ Petition is Iiled to declare the action of respondent No.5 in not refunding the Stamp Duty along with registration charges totalling to Rs.2,25,9761- wir}:. interest at l2o/o per annum into the petitioner bank account as illegal, arbitrary and unconstitutional.

2. It is the case of the petitioner that she intended to purchase agricultural land admeasuring to an extent of Ac.0-1000 guntas in Sy.No.59E2, 5983 situated at Nagireddyguda Village. They remitted requisite stamp duty and registration fee under challans on 27.06.2023 generated through Dharani Portal for I I execution of sale deed. They booked slots for registration on 28.06.2023. For the unforeseen circumstances, the petitioner has cancelled the said slot and decided not to go ahead with the sale transaction. They submitted 2 SK,.I wP-u98it 2025 representation on 20.O7.2023 to respondent No.5 seeking refund of Rs.2,25,976/-, remitted to the Registration Department towards registration charges. As there is no response from tJle respondents, the petitioner has constrained to approach this Court.

3. Learned Assistant Government pleader submitted that under the provisions of Stamps Act, the District Collector is competent to refund the amount within a period of six months and after six months period, it is the Inspector General of Stamps and Registrations, who has to take a decision and due to the administrative reasons, the delay has occurred lor refund of amount to the petitioner. The matter has been referred to the Inspector General of Stamps and Registrations by the District Collector and in all likelihood, the amount would be refunded to the petitioner as expeditiously as possible. ----'---7 3 SK, J wP u983 2025

4. Taking the above facts and circumstances into consideration, this Court is of the view that the amount deposited by the petitioner towards payment of stamp duty and registration charges could not have been withheld by the respondent authorities for a period of more than one year and the respondents have to refund the amount

5. Accordingly, this Writ Petition is disposed of directing the respondents to refund the amount of Rs.2,25,976/- within a period of four (04) weeks from the date of receipt of copy of this order.

6. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. //TRUE COPY// SD/- A.V.S.PRASAD DEPUTY REGISTRAR SECTTON OFFICER \ To I 2 J 4 ( 6 7 \M I)SK The Principal Secretary to Revenue Dept Dr B R Ambedkar Telangana Secretariat, Hvderabad, rerli#ni Stite of Telangana -500022 The Principal Secretary t9 iT""'i't" oL[t DL B.R.Ambedkar Telangana lSi'ie of T"l'ngan' -500022 Secretariat, Hyderabad r "ra"l'iti rhe ch ief commrssroner -liii'ii Ao"'itittt't'n' Nimpally Station Road Abids. Hvderabad- 50000'1 The Commissioner And lnspector General' (Registrations and Stamps) +ljH;J;, H;;i;t';ii"; B i5;;i.,I' o-#i n g' ni' trl J M a rket Hvd e ra bad - ?fl303,1ir,r" collector, Ransa Reddv District Kongara kalan Villase' ril;r;#;;fifi r'rranoar. Rinsa Redov Dist-501510 . The Tahsildar and Jt Sub H!;t#"i/ffi0'O rt'rjnaat' Ranga Reddv District' Telanqana-50203?. ftre Djstrict Treasury Offtqer Ranga Reddy D-istrict' Kongara kalan Village' Hi1^"H$Hu,ffisafiir,liplu[+*liss'Isr,y 3t, n i;;J;i;'ie;sana, at HYderabad [oUr] ",,n "

10.Two QD Copies HIGH COURT DATED:3010412025 ORDER WP.No.11983 of 2025 ()f rE(.4 \ .s i, .\ scqJ ,<.)' .a L-) ) 'q r':,t t )/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS lN "( rYl

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