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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA
Jagannath Nayak – Appellant
Versus
Collector, Khordha – Respondent
| Table of Content |
|---|
| 1. challenge to refund process and rejection (Para 1 , 2 , 3 , 4 , 5) |
| 2. judicial consideration of age-related challenges (Para 6 , 7) |
| 3. importance of practical justice over technicalities (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. writ petition allowed; order quashed (Para 14 , 15 , 16) |
| 5. finality and disposal of the writ petition (Para 17 , 18) |
JUDGMENT :
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the Letter No.9550 dated 16.05.2025 (Annexure-1) issued by the Collector, Khordha (Opposite Party No.1) through its Deputy Collector (Revenue).
3. As per the advice of the Opposite Party No.2 (Sub- registrar, Khordha), the petitioner applied before the Collector, Khordha (Opposite Party No.1) through his son praying for refund of money, i.e., cash of Rs.1,44,200/- (rupees one lakh forty-four thousand two hundred) in respect of his un-utilized stamp duties.
5. On being dissatisfied with the aforesaid Letter No.9550 dated 16.05.2025 (Annexure-1) concerning the rejection of the application of the petitioner for the refund cash of Rs.1,44,200/-(rupees one lakh forty-four thousand two hundred),
State authorities must engage with citizens justly, avoiding technical denials when legitimate claims warrant refunds or assistance, especially considering individual circumstances.
State must not deny legitimate claims based on technical limitations; courts favor justice and equitable treatment.
Interest on refunded amount – When a person is deprived of use of his money to which he is legitimately entitled, he has right to be compensated for deprivation which may be called interest or compen....
Refund of stamp duty cannot be declined where applicant has purchased stamp certificate by paying full consideration for bonafide purpose.
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