Ram Narain Mishra vs Union Of India (Uoi) And Anr.
2005 Latest Caselaw 457 Del

JUDGMENT

B.C. Patel, C.J.

1. Rule D.B.

2. At the request of learned counsel for the parties, the petition is taken up for final disposal.

3. The public interest petition had to be filed in view of the internal disputes between the Postal Department and the Government of National Capital Territory of Delhi, which has resulted in revenue stamps disappearing from the market.

4. In terms of the impugned order dated 28.02.2005, the Department of Posts, withdrew the facility of sale of revenue stamps through post offices w.e.f. 01.03.2005 due to non-receipt of commission on account of sale of revenue stamps from Delhi Treasury (Govt. of NCT of Delhi). Thus, no stamps have been made available causing grave inconvenience to public at large.

5. It has to be appreciated that revenue stamps have to be affixed for the receipts and other purposes and commercial transactions are being affected on account of non-availability of revenue stamps.

6. Learned counsel for the respondents state that a fresh order has now been issued dated 09.03.2005 whereby the Department of Posts has allowed restoration of the facility of sale of revenue stamps through post offices w.e.f. 09.03.2005 till further orders after getting the assurance from the Govt. of NCT of Delhi. However, the letter is not clear as to till what period of time would this arrangement continue.

7. In our considered view, the public at large must be assured that revenue stamps would be available from post offices as usual and if there are any disputes about payments to be settled between the Department of Posts and Govt. of NCT of Delhi, that may be mutually settled without causing inconvenience to the public. The Departments ought to have taken due care to settle the matter and a situation ought not to have arisen which has resulted in the impugned order dated 28.02.2005 being issued.

8. In view of the aforesaid, we direct that the respondent shall ensure the availability of revenue stamps through post offices even in the future and it will not be permissible to stop the availability of revenue stamps in case of non-settlement of any financial dispute between the Govt. of NCT of Delhi and the Department of Posts for which the respondents can take recourse to appropriate proceedings between themselves.

9. The writ petition and the application is disposed of in the aforesaid terms leaving the parties to bear their own costs.

10. Liberty is granted to revive the petition in case of any difficulty.