Janardan Dube v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15998 of 2023 ====================================================== Janardan Dube son of Radha Prasad Dube R/o Vill-Lahna, Post-Kanjharua, Dist-Buxar, Bihar-802126 ... ... Petitioner/s

Versus

1.

State of Bihar through Secretary Prohibition Excise and Registration Department (Registration) Vikash Bhawan, New Secretariat, Nehru Path, Patna-800015.

2.

District Collector Buxar, Bihar-802101.

3.

District Sub Registrar Officer, Buxar, Bihar-802101. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhiraj Kumar, Advocate For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-05-2024 The present writ petition has been filed seeking the following relief:- "1 (i) To issue an appropriate writ by setting aside letter 467/Regi dt 13. Sep 2021 issued by Office of Registrar, Buxar whereby they have refused to refund the money paid through Franking Machine.

(ii) To issue an appropriate writ in the nature of the mandamus directing respondents to refund the money debited through franking machine vide SI No 1419101004181 dated 25 Jul 2017 for an amount of Rs 30000/ alongwith interest @ 12%.

Patna High Court CWJC No.15998 of 2023(2) dt.07-05-2024 2/3 (iii) To direct the respondents to pay litigation cost of Rs 50,000/-.

(iv) To direct the respondents to pay compensation(@40,000/- for mental agony and harassment to the Petitioner for his no fault."

2.

At the outset, the learned counsel for the petitioner submits that though after filing of the present writ petition, the excess amount of stamp duty deposited by the petitioner has been refunded, however the same has been refunded after lapse of about six and a half years, hence the petitioner is entitled for payment of interest and litigation cost, thus liberty is sought for on behalf of the petitioner to approach the District Magistrate, Buxar for redressal of his subsisting grievances. Liberty so sought is granted.

3.

It is needless to state that in case appropriate representation is filed, within a period of two weeks from today, the District Magistrate, Buxar shall dispose off the same by passing a reasoned and a speaking order, in accordance with

Patna High Court CWJC No.15998 of 2023(2) dt.07-05-2024 3/3 law, within a period of six weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U