Delhi High Court
Dr Poornima Advani & Anr vs Govt Of Nct & Anr on 27 September, 2019
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 27th September, 2019
+ LPA 288/2019
DR POORNIMA ADVANI & ANR ..... Appellants
Through: Mr. Abhishek Puri, Adv.
versus
GOVT OF NCT & ANR ..... Respondents
Through: Mr. Ramesh Singh, Standing Counsel,
GNCTD with Mr. Chirayu Jain &
Mr. Ishan Agrawal, Advs. for
GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
D.N. PATEL, CHIEF JUSTICE (Oral)
1. This Letters Patent Appeal has been preferred by the original
petitioner whose W.P.(C) No.9014/2017 was decided by the learned Single
Judge vide judgment and order dated 20.08.2018 whereby the value of the
e-stamp which is at Rs.28,10,000/- was ordered to be refunded.
2. The appellant has never argued before the learned Single Judge about
the payment of interest upon the value of the e-stamp. The e-stamp was
obtained by the original petitioner voluntarily on 06.07.2016. Thereafter, it
was the contention of the appellant (original petitioner) that he lost the said
e-stamp. The e-stamp was purchased for transfer of the land.
3. Thereafter, again e-stamp of the same value i.e. of Rs.28,10,000/- was
purchased on 08.08.2016.
4. Thereafter, the appellant (original petitioner) preferred an application
for refund which was not granted by the respondents as there was no
provision for the refund. Hence, a writ petition was preferred by the
appellant (original petitioner) being W.P.(C) No.9014/2017 which was
decided by the learned Single Judge vide judgment and order dated
20.08.2018 and the said amount of the e-stamp at Rs.28,10,000/- was
ordered to be refunded.
5. It further appears from the facts of the case that the aforesaid
judgment and order was challenged by the Govt. of NCT of Delhi in
LPA No.188/2019. By a detailed judgment and order dated 18.03.2019, the
LPA preferred by the respondent herein was dismissed and the amount was
ordered to be refunded.
6. Thus, it appears that the order passed by the learned Single Judge was
confirmed by the Division Bench of this Court in LPA No.188/2019 vide
judgment and order dated 18.03.2019.
7. As no arguments were canvassed by the appellant (original petitioner)
before the learned Single Judge for payment of interest, the said issue has
not been decided. For the first time, this issue of payment of interest upon
Rs.28,10,000/- has been raised. Hence, we see no reason to entertain this
Letters Patent Appeal. The principal amount has already been ordered to be
refunded. Petitioner can file a review application if he has argued and the
point is not decided about interest upon the principal amount before the
learned Single Judge.
8. Counsel for the respondent has pointed out that the issue of interest
was never raised by the appellant (original petitioner) when the writ petition
was argued by the original petitioner.
9. With these observations, the Letters Patent Appeal is hereby
dismissed.
CHIEF JUSTICE
C.HARI SHANKAR, J
SEPTEMBER 27, 2019
kks
