Darshan Singh vs State Of Himachal Pradesh & Ors
2023 Latest Caselaw 20002 HP

Himachal Pradesh High Court

Darshan Singh vs State Of Himachal Pradesh & Ors on 29 December, 2023

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                     CWP No. 8818 of 2023
                                     Decided on 29th December, 2023




                                                              .
     Darshan Singh                                      ...Petitioner





                                    Versus
     State of Himachal Pradesh & Ors.                      ...Respondents





     Coram




                                      of
     Hon'ble Mr. Justice Ajay Mohan Goel, Judge
     Whether approved for reporting?
     For the petitioner:        Mr. Rajat Awasthy, Advocate.
                   rt
     For the respondents: Mr. Rajat Chauhan, Law Officer.

     Ajay Mohan Goel, Judge (Oral)

The petitioner herein is purchaser of auction property,

which purchase was made by him in the course of the auction of the

property in issue by the banks with which the properties are

mortgaged. The prayer of the petitioner is that e-stamp duty and e-

registration fee, which has been charged from them by the

respondents-State could not have been charged in terms of the

judgment passed by the Hon'ble Division Bench of this Court in

CWP No.221 of 2019, titled as Mohan Singh Guleria vs. State of

H.P. & Ors., as also the judgment passed by this Court in CWP

No.6561 of 2023, titled as M/s Khurana Oleo Chemicals, GT Road

vs. State of H.P. & Ors.

3. Reply is stated to have been filed. Registry is directed

to place the same on record. Though, learned Law Officer has made

.

an endeavor that the petitioner is not entitled for the relief, as prayed

for, but, it could not be disputed that the issue raised by the

petitioner in fact is covered in terms of the judgments relied upon by

the learned counsel for the petitioner.

of

4. Accordingly, this writ petition is disposed of with the

observation that the directions, as have been passed by the Hon'ble rt Division Bench of this Court in CWP No. 221 of 2019, titled as

Mohan Singh Guleria vs. State of H.P. and Ors., dated 28.03.2023,

(supra) shall be read to have been passed mutatis mutandi in the

present petition also and the respondents are directed to refund the

Stamp Duty of Rs.24,25,710/-, which has been charged from the

petitioner, in his favour within a period of three months from today.

The petition stand disposed of in above terms, so also pending

miscellaneous application(s), if any.

(Ajay Mohan Goel) Judge

December 29, 2023 (narender)