Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4026 of 2024 ====================================================== Sanju Devi Wife of Sri Binod Paswan, resident of Village-Tegchha, P.O.- Ujua, P.S.-Kusheshwar Asthan, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Darbhanga. 2.

The Collector cum District Registrar, Darbhanga. 3.

Raja Paswan, Son of Late Damodar Paswan, resident of Village-Banbhora, P.S.-Bithoul, District-Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amitabh Ranjan Mishra, Advocate For the Respondent/s :

Mr.Kumaresh Singh, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of a writ in the nature of mandamus commanding the respondents authorities concerned to refund the amount of Rs. 1,57,150/- to the petitioner, which was deposited in Benipur Treasury through e-challan vide GRNBHR201909538220M dated 10.09.2019 for the purpose of registration of Sale Deed to be executed by one Raja Paswan of Banbhora, Samastipur in favour of the petitioner but it could not be registered due to the refusal of the executants (Respondent No.3) and further to pay the interest @ 12% p.a. from the date of its deposit to the date of its final payment and

Patna High Court CWJC No.4026 of 2024(2) dt.13-05-2024 2/2 other relief or reliefs may be granted to the petitioner to which the petitioner may be entitled in law."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Collector, Darbhanga to dispose off the application, filed by the petitioner for refund of the excess amount of stamp duty, deposited by her.

3. Having regard to the limited prayer, made by the petitioner, in the present case, I deem it fit and proper to direct the Collector, Darbhanga to consider the aforesaid application, filed by the petitioner for refund of the excess stamp duty, deposited by her and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks of receipt/production of a copy of this order.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U