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2021 Supreme(MP) 434

MOHAMMAD RAFIQ, SANJAY DWIVEDI
State of M. P. – Appellant
Versus
Supratech Hospital – Respondent


Advocates:
Brahmadatt Singh, Government Advocate for appellants;
M.S. Bhatti for respondent No. 1;
Udit Maindiretta for respondent No.2.

ORDER

1. Learned counsel for the appellants is heard on the question of admission. This appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya Khandpeeth Ko Appeal Adhiniyam 2005 has been filed questioning the correctness of the order passed by the writ Court on 7.11.2020 in WP No. 19632/2014 whereby the writ Court relying upon a judgment of Supreme Court reported in (2015) 16 SCC 31 (Committee GFIL v. Libra Buildtech Private Ltd. and others) allowed the petition in regard to refund of amount of stamp duty to the extent of relief claimed in the petition under Clause 7 (iii) and (iv).

2. The facts, leading to the present appeal in a nutshell are that the respondent No.1 (petitioner before the writ Court) filed a writ petition seeking a direction in the nature of mandamus commanding the appellant to refund the amount of stamp duty as well as registration charges because the said firm participated in the auction conducted by the respondent No.2 and purchased the property after paying the consideration amount of Rs. 1,20,00,000/- over which an amount of Rs. 16,69,600/- was paid as a stamp duty and registration charges and the sale certificate was executed and issued by the Ban

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