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Patna High CourtCWJC/12068/2018disposed

Shri Shailendra Kumar Jha v. The State Of Bihar And ORS

2024-09-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12068 of 2018 ====================================================== Shri Shailendra Kumar Jha S/o Late Harsh Nath Jha, Resident of VillageAbha Ratanpur, P.O.- Ratanpur Manikpur, P.S.- Bath, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Divisional Commissioner, Bhagalpur Division, Bhagalpur. 3.

The Secretary to the Divisional Commissioner, Bhagalpur Division, Bhagalpur.

4.

The District Magistrate, Bhagalpur, District- Bhagalpur. 5.

The Collector Revenue, Bhagalpur, District- Bhagalpur. 6.

The Treasury Officer, Bhagalpur, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate Mr. Rana Pratap Singh, Advocate Mr.Avanindra Kumar Jha, Advocate For the Respondent/s :

Mr.Raj Kishore Roy, GP-18 Mr. Navnit Kumar, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2024 Though the present writ petition has been filed for directing the respondents to refund the registration charges, to the tune of Rs. 19,550/-, deposited by the petitioner in the Treasury on 23.09.2015, as also for refund of stamp duty to the tune of Rs. 5,000/-, purchased on 19.09.2015, however, the claim of the petitioner has been rejected by the Secretary to the Commissioner, Bhagalpur Division, Bhagalpur by the impugned letter dated 26.02.2018 on the ground that the application was filed by the petitioner on 09.02.2018, i.e. beyond the limitation

Patna High Court CWJC No.12068 of 2018(4) dt.19-09-2024 2/2 period of six months, as has been prescribed in Rule-2 of the Bihar Stamp (Refund of amount of Stamp Duty by Bank Challan) Rules, 2008, nonetheless, it is the contention of the learned counsel for the petitioner that the application for refund of stamp duty was filed before the Collector, Bhagalpur, within the prescribed period of six months, hence the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Collector, Bhagalpur to furnish proof of the fact that the petitioner had filed application for refund of the stamp duty in question within the prescribed period of six months. Liberty, so sought, is granted.

2.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U