RAJIV SHAKDHER, J.

Prefatory facts:

1. This writ petition is directed against the order dated 21.10.2016 issued by the Collector of Stamps (HQ.) represented by respondent No.1/Govt. of NCT of Delhi. By virtue of this order, the Collector of Stamps (HQ.) has rejected the application preferred by the petitioners for a refund of stamp duty amounting to Rs.28,10,000/-, on account of the loss of e-stamp certificate bearing No.IN-DL67287494587124O, dated 6.7.2016 (hereafter referred to as 'stamp paper').

2. The sole ground on which the application filed by the petitioners for refund of stamp duty stands rejected, is that, there is no provision in the Indian Stamp Act, 1899 (for short “the Act”) to allow refund of stamp duty in cases where e-stamp paper is lost.

3. The impugned order while recognizing the fact that the e-stamp paper has been locked/cancelled goes on to say that the possibility of its misuse cannot be ruled out. This in sum forms the rationale, based on which, the ‘petitioners’ request for refund of stamp duty stands rejected. Therefore, the only question that arises for consideration is: whether or not the ‘petitioners’ request for grant of refund of stamp duty is sustainable, a request which emanates on account of loss of e-stamp paper?

4. In order to adjudicate upon the aforesaid issue, the following brief facts are required to be noticed:

4.1 The petitioners, who, were desirous of purchasing an immovable property described as: Unit No.4B, 4th Floor, Plaza M6, Plot No.06, Non-Hierarchical Commercial Centre, Jasola, New Delhi (hereafter referred to as “property”), purchased an e-stamp paper dated 6.7.2016, valued @ Rs.28,10,000/-.

4.2 The money for this purpose was paid out from the joint bank account of the petitioners.

4.3 Pertinently, the e-stamp paper dated 6.7.2016 purchased by the petitioners, sets down the following details:

(i) Particulars of the property, which was proposed to be purchased; (ii) the names of the parties, who intended to execute the sale deed; (iii) the consideration to be paid for consummating the sale transaction; and (iv) the value of e-stamp paper.

4.4 According to the petitioners, though initially, the intention was to execute the sale deed concerning subject property in July, 2016, since, there was some delay in closing the loan transaction via which the transaction was to be funded, the execution of the sale deed was delayed.

4.5 This delay proved to be fatal, inasmuch as, on 4.8.2016, the petitioners were told by the broker, who had the custody of the e-stamp paper, that the e-stamp paper dated 6.7.2016 had been misplaced.

4.6 The petitioners realizing the enormity of the loss, filed a complaint with the Crime Branch, Delhi Police, on that very day i.e. 4.8.2016. As a follow up action, on 06.08.2016, the petitioners got public notices issued in two newspapers, namely, Asian Age (English edition) and Rashtriya Sahara (Hindi edition).

4.7 Since, the petitioners were desirous of taking the sale transaction in respect of subject property forward, they were left with no choice but to purchase a fresh e-stamp paper, which they did, on 6.8.2016.

4.8 This stamp paper bore the No.IN-DL80459288277224O. The money for this was also paid out from the joint account of the petitioners, maintained with the State Bank of India.

4.9 Consequent thereto, on 8.8.2016, the petitioners and the vendor i.e., M/s. Scud Finlease Limited executed a sale deed.

5. On 11.8.2016, the petitioners filed an application with the Sub-Divisional Magistrate, Collector of Stamps, for refund of stamp duty amounting to Rs.28,10,000/- on account of loss of the e-stamp paper dated 6.7.2016.

5.1 The prayer made in the application was that the amount be refunded to the petitioners after deducting the usual cancellation charges, if any. The application was accompanied by an affidavit of petitioner No.2 that the e-stamp paper dated 6.7.2016 has been lost and was not traceable despite best efforts.

5.2 Furthermore, an indemnity bond was al