Jatin Shailesh Patel vs State Of Gujarat & Ors

Hemant M. Prachchhak, J

Rule returnable forthwith. Ms. Dixa Pandya, learned Assistant Government Pleader, waives service of notice of Rule for and on behalf of the respondent No.1.

With the consent of the learned counsel appearing for the respective parties, the petition has been taken up for final hearing today.

By way of present petition under Article 226 of the Constitution of India read with the provisions of the Gujarat Stamp Act, 1958 (hereinafter be referred to as "the Act"), petitioner has prayed for the following reliefs :

"(A) That the Hon'ble court may be pleased to admit this Special Civil Application;

(B) This Hon'ble court may be pleased to issue appropriate writ, order or direction to the respondent authorities to refund the amount of Rs. 10,500/-(Ten Thousand Five Hundred Only) to the petitioner regarding the purchase of franking stamp and the notification dated 06/04/2023 (Ann. A), the franking stamp of Rs. 10,000/- (Ten Thousand Only) issued by the license holder therefore the franking stamp of Rs. 10,500/- (Ten Thousand Five Hundred Only) refund to the petitioner in the interest of justice;

(C) Grant such other and further reliefs as may be deemed just and proper in the interest of justice."

It is the case of the petitioner that, the petitioner had purchased the franking stamp of Rs. 10,500/- from the State Bank of India, Ashram Road Branch, Ahmedabad on or before 2023. That, as per the government notification of the Deputy Secretary Revenue Department, Gujarat passed on 06/04/2023, the amount of franking stamp of Rs. 10,000/- is to be issued by the license holder. It is the case of the petitioner that, the petitioner has also filed affidavit with an application for refund of the amount of Rs.10,500/- for franking stamp before the Superintendent of Stamps, Gandhinagar and also filed an application dated 26.02.2024 under the Right to Information Act, 2005 which was relied by the authority on 28.03.2024. That, as per the Right to Information Act, 2005 the petitioner filed an appeal against the information given by the authority and in the said appeal, the authority had passed the order dated 23.05.2024 observing that there was no information given regarding refund of the franking stamp.

Being aggrieved and dissatisfied with the inaction on the part of the respondent authority, petitioner has preferred this petition.

Heard Mr. D.A. Rathi, learned counsel appearing on behalf of the petitioner and Ms. Dixa Pandya, learned Assistant Government Pleader, appearing on behalf of the respondent No.1.

Learned counsel Mr. Rathi has submitted that the inaction on the part of the respondent authority is illegal, erroneous and unjust. He has submitted that the petitioner is entitled to get refund of Rs. 10,500/- franking stamp purchased and as per the government notification dated 06.04.2023, the license holder issued a franking stamp of Rs. 10,000/- but, till date, no refund has been given to the petitioner. Learned counsel Mr. Rathi has therefore, urged that the present petition be allowed and the respondent authority be directed to refund the amount of Rs. 10,500/- to the petitioner.

I have heard the learned counsel appearing for the respective parties and perused the material placed on record. Considering the submissions canvassed by the learned counsel for the petitioner and considering the government notification dated 06.04.2023 issued by the Revenue Department, I am of the opinion that the petitioner is entitled to get refund of Rs. 10,500/- paid by him towards purchase of franking stamp.

In the result, the present petition is allowed. The respondent No.2 - the Superintendent of Stamp, Gandhinagar is hereby directed to refund the amount of Rs. 10,500/- to the petitioner, within a period of four weeks from today, failing which, the respondent shall be liable to pay interest @ 6% till actual payment is made in favour of the petitioner. Rule is made absolute. There shall be no order as to costs.

Direct service is permitted.