Vinita Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18185 of 2019 ====================================================== Vinita Rai Wife of Uday Chandra Rai, Resident of Village- Ward No. 12, College Road Jamania, P.S. Jamania, District- Gajipur(Uttar Pradesh). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The State of Bihar through the Principal Secretary, Excise Cum and Registration Department(Registration) Government of Bihar, Patna. 3.

The Collector, Katihar.

4.

Deputy Collector (refund), District- Katihar. 5.

The Registrar, District- Katihar.

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

For the Petitioner/s :

Mr.Bimal Kumar For the Respondent/s :

Mr.Vivek Prasad (GP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-09-2019 The present writ petition has been filed for directing the respondents to refund a sum of Rs. 73,830/- which the petitioner had to deposit by way of Non-Judicial stamp for registration of a piece of land in the District Registry Office, Katihar by E-Challan, however, on account of inadvertence, the said amount has been deposited with the Treasury Office, Barsoi.

The learned counsel for the petitioner submits that on account of mistake committed by the petitioner, the said Challan has been deposited at Treasury Office, Barsoi instead of Treasury Office, Katihar whereafter the petitioner had moved the office of the Collectorate, Katihar for refund of the same and the Deputy Collector, Katihar by Memo dated 09.10.2018

Patna High Court CWJC No.18185 of 2019(2) dt.12-09-2019 2/2 had granted time to the petitioner up to 15.12.2018 to seek refund of the said amount.

The learned counsel for the petitioner further submits that since the aforesaid time period has expired, the money is not being refunded to the petitioner herein.

I have heard the learned counsel for the parties and considered the materials on record and I find that in case the petitioner has wrongly submitted the E-Challan before a wrong Treasury Office, she is entitled to refund of the said amount, which the learned Deputy Collector, Katihar has also accepted by issuing Memo dated 09.10.2018.

For the reasons mentioned herein above, I deem it fit and proper to direct the Deputy Collector, Katihar to refund the amount in question, in case the petitioner approaches the Collectorate, Katihar by filing appropriate application, afresh, within a period of four weeks from the date of filing of the application for refund.

The writ petition stands disposed off on the aforesaid terms.

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