GOVIND JIVABHAI SABHAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having heard the learned advocates appearing for the parties and considering the averments made in the application, we are of the considered view that delay of 151 days occurred in preferring the Letters Patent Appeal deserves to be condoned and accordingly, it stands condoned. Civil Application No.1760 of 2022 stands allowed. ORDER IN LETTERS PATENT APPEAL No.1430 OF 2022 :

(2.) The Letters Patent Appeal lays a challenge to the order dtd. 13/9/2019 passed in Special Civil Application No.15237 of 2019 whereunder the communication dtd. 8/11/2012 issued by the respondent rejecting the request of petitioner for refund of the amount towards unutilized stamp papers came to be rejected.

(3.) The writ applicants Shri Govind Jivabhai Sabhaya and late Shri Kirtikumar Mohanlal Kabrawala had purchased stamp papers on 16/5/2012 and 18/5/2012 for the purpose of obtaining a registered Sale Deed for a sum of Rs.2,28,000.00 and Rs.1,00,500.00. On account of the vendors having refused to execute the Sale Deed and on account of transaction having failed, applicants are said to have submitted an application to the respondent authorities for refund of the value of unutilized stamp papers which remained unused or unutilized by submitting applications on 12/7/2012 and 11/9/2012. Said applications came to be rejected on the ground that said documents have been duly signed and as such, applications for refund cannot be entertained.