[2025:RJ-JP:24933] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2301/2015 Hayat Khan S/o Shri Hussaina, Badgurjar Khohra, Bahaliyan Ka Bas, Tehsi. Laxmangarh, District Alwar ----Petitioner Versus District Collector And District Registrar, Registration Cell, Alwar District Alwar ----Respondent For Petitioner(s) : Ms. Muskan Verma for Mr. Rajeev Surana, Sr. Adv. For Respondent(s) : Mr. Abhishek Paliwal for Mr. Dheeraj Tripathi, Dy.G.C. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 07/07/2025 The present civil writ petition has been filed on behalf of the petitioner under Article 227 of the Constitution of India against the order dated 25.11.2014 passed by the Court of learned Additional District & Sessions Judge, Laxmangarh, Distt. Alwar in Civil Suit No.34/38/2012, whereby the application under Section 148 C.P.C. filed by the petitioner, was dismissed. It is submitted by learned counsel for the petitioner that the petitioner filed a suit for a specific performance and deposited court fees of Rs.1,09,635/-. Following a compromise arrived at between the parties, the suit was withdrawn. Thereafter, the petitioner applied before the learned Additional District Judge, Laxmangarh, for refund of the aforesaid court fees. The said Court allowed the application and issued a court fees certificate for refund in favour of the petitioner on 02.06.2014. The petitioner applied to the District Collector, Alwar, for refund of the court fees, but the said application was rejected on 08.07.2014 on the ground of delay beyond 15 days. A subsequent [2025:RJ-JP:24933] (2 of 2) [CW-2301/2015] application under Section 148 C.P.C. to extend the time period for refund the Court fees, was also rejected by the learned Additional District Judge, Laxmangarh on 25.11.2014. Learned counsel for the petitioner seeks quashing of the aforesaid order dated 25.11.2014 while extending the time for submission of the refund application before the competent authority. Heard learned counsel for the petitioner and perused the material available on record. It is evident from the record that the petitioner had withdrawn the civil suit based on a compromise and obtained a refund certificate accordingly. The rejection of the refund application by the District Collector on technical grounds of delay, was unjustified. Learned Trial Court failed to consider the bona fide circumstances and refused to extend the time for refund of court fees. Thus, looking to the overall facts & circumstances of the case and considering the submissions made by learned counsel for the petitioner, this Court deems it just & proper to quash the impugned order dated 25.11.2014 passed by learned ADJ, Laxmangarh and the same is hereby quashed & set aside. The petitioner is granted a further period of fifteen (15) days from the date of this order to submit the refund application before the District Collector, Alwar, who shall consider and decide the same in accordance with law. Accordingly, the present civil writ petition is disposed of. Pending application, also stands, disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /53