1 2025:CGHC:18460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2881 of 2019 1 - Anand Jain S/o Shri Ashok Jain Aged About 36 Years R/o House No. 307, Vinayak Enclave, Anand Nagar, Raipur, Police Station- New Rajendra Nagar Raipur, Tahsil And District- Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Registration And Stamp, Mahanadi Bhawan, New Mantralaya, Raipur, Tahsil And District- Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Inspector General Of Registration Cum Superintendnt Of Stamp Commercial Tax, Gst Building, Second Floor, North Block, Sector-19, Atal Nagar Raipur, Tahsil And District- Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Collector Of Stamp Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Sub-Registrar Office Of The Sub-Registrar, Sr-4, Raipur, Tahsil And District- Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 - Raipur Development Authority Through Chief Execution Officer, 2nd Floor, Bhakta Mata Karma, Commercial Complex, New Rajendra Nagar, Raipur, Police Station- New Rajendra Nagar, Tahsil And District- Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Ratnesh Kumar Agrawal, Advocate For State : Mr. Prateek Tiwari, P.L. For Respondent No. 5 : Mr. Animesh Tiwari, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 2 23-04-2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to call for entire records of the case, from the authorities. 10.2 That, this Hon'ble Court may kindly be pleased to set-aside the order dated 25.04.2019 passed by respondent no. 2 (Annexure-P/1) and further be pleased to directed-to-the respondent no. 2 to return the excess registration and stamp fees tune of Rs. 1,81,023/- to the petitioner. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 2) Learned counsel for the petitioner submits that petitioner purchased Plot No. A-84 ad-measuring 3172 sq.ft. situated at Nagar Vikas Yojna No. 4 (Kamal Vihar), Raipur from respondent No. 5-RDA. He further submits that a decision was taken by its Board of Directors to provide 30% relaxation on the sale consideration. He contends that petitioner executed the registered sale-deed and paid stamp duty of Rs. 5,33,500/- whereas actual registration fee would have been Rs. 4,22,386/-. He further contends that petitioner made a representation for refund of the excess registration fee of Rs. 1,81,023/- before respondent No. 3 and it was rejected in cryptic manner vide order dated 25.04.2019. He argues that the authority concerned has not assigned any reason while rejecting the application. He prays to set- aside the order dated 25.04.2019. 3) On the other hand, learned State counsel opposes. 4) Learned counsel appearing on behalf of respondent No. 5-RDA submits that there is a dispute between Petitioner and State. 3 5) Heard. 6) Taking into consideration the fact that application moved by the petitioner for refund of excess registration fee has been rejected by the Inspector General Of Registration -cum- Superintendent Of Stamp Commercial Tax, Chhattisgarh i.e. respondent No. 2 in a cryptic manner without assigning any reason, therefore, the order impugned is not sustainable in the eyes of law and is hereby quashed. The authority concerned is directed to decide the application so moved by the petitioner afresh strictly in accordance with law. 7) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2025.04.23 17:41:14 +0530