SILVER PARK APPAREL LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short grievance of the petitioner is as to non- consideration of his representations dtd. 7/2/2023 & 3/4/2023 respectively at Annexures 'A' and 'B' wherein, he has sought for refund of the excess registration fee paid on 5/1/2023 in the office of respondent No.3. Learned counsel for the petitioner submits that Sec. 72 of the Indian Contract Act, 1872 provides for the repayment of the amount wrongfully paid. There are similar provisions in the Registration Act, 1908 and Karnataka Stamp Act, 1957. Therefore, whatever excess payment has been made, the respondents are not entitled to retain the same, ours being a Welfare State as constitutionally ordained. He banks upon the decision of Apex Court in MAFATLAL INDUSTRIES LTD vs. UNION OF INDIA, (1997) 5 SCC 536.

(2.) Learned AGA on request having accepted notice for the respondents, opposes the petition contending that some disputed facts are involved and therefore, Writ Petition is misconceived. Having so contended, now he fairly agrees to instruct respondent No.2 to consider petitioner's subject representations on a warfooting and in accordance with law. This is appreciable.

(3.) In view of the above, Writ Petition is disposed off. Time for consideration of representations and informing the petitioner of the result of such consideration is eight weeks; all contentions are kept open.