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Patna High CourtCWJC/2887/2017disposed

Sudhir Kumar v. The State Of Bihar And ORS

2025-04-17Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2887 of 2017 ====================================================== Sudhir Kumar S/o-Sri Vishwanath Rai, R/v-Ramjichak, Digha, P.S.-Digha, Distt.-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Commissioner, Patna Division, Patna.

3.

The District Magistrate, Patna.

4.

The Registrar, Land and revenue, Danapur, Patna. 5.

The Branch Manager, State Bank of India, Danapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Respondent/s :

Mr. Raj Kishore Roy-GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-04-2025 Heard the parties.

2. The petitioner has filed the present writ application for directing the respondents to return the total amount of Rs.1,57,070/- which the petitioner claims was deposited before the Registry Office, Danapur (Rs.1,17,140/- towards stamp duty, Rs.39,380/- towards registration charge and Rs.550/- towards land owner charge). This amount was deposited by the petitioner through Bank Draft in Danapur Registry Office on 08.09.2015, but subsequently the land owner did not execute the land to the petitioner and therefore the amount of Rs.1,57,070/- deposited by the petitioner was required to be refunded.

3. For the purpose of claiming refund the petitioner

Patna High Court CWJC No.2887 of 2017(3) dt.17-04-2025 2/3 had filed Prapatra-'Ka' (Annexure-2 at page-10 of the writ application) before the Commissioner, Patna Division, Patna on 01.10.2016 but till date no decision has been taken by the Commissioner, Patna Division, Patna on the said claim for refund made by the petitioner. The petitioner submits that the petitioner would be satisfied if the Commissioner, Patna Division, Patna is directed to dispose of his claim for refund which he has made through Prapatra-'Ka' within a fixed time frame.

4. The learned counsel appearing for the State has no objection to this prayer being made by the petitioner.

5. In view of the above, the Commissioner, Patna Division, Patna (respondent no.2) is directed to dispose of the claim for refund of Rs.1,57,070/- made by the petitioner vide Prapatra-'Ka' (Annexure-2 at page-10 of the writ application) within a period of two months from the date of production of this order after hearing the petitioner. In case the respondent no.2 comes to the conclusion that the amount has to be refunded to the petitioner then the said amount should be refunded as soon as possible to the petitioner preferably within two weeks from the date of passing of the final order by the Commissioner, Patna Division, Patna.

Patna High Court CWJC No.2887 of 2017(3) dt.17-04-2025 3/3

6. With the aforesaid observation and direction the present writ application stands disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U