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2025 DAILYLAW 8729 (GAU)

MOHIT AGARWAL v. THE STATE OF ASSAM AND ORS

WP(C)/1297/2025 · 2025-04-08

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010047762025 2025:GAU-AS:4467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1297/2025 MOHIT AGARWAL S/O LATE MAHESH AGARWALLA, RESIDENT OF GOVINDKUNJ, BEHIND NARBADA BUILDING, CHATRIBARI,KAMRUP M ASSAM GUWAHATI 781001 2: SMT PREMLATA AGARWAL W/O LATE MAHESH AGARWALLA RESIDENT OF GOVINDKUNJ BEHIND NARBADA BUILDING CHATRIBARI KAMRUP M ASSAM GUWAHATI 781001 3: SMT ASHA AGARWAL W/O LATE KAILASH AGARWAL RESIDENT OF GOVINDKUNJ BEHIND NARBADA BUILDING CHATRIBARI KAMRUP M ASSAM GUWAHATI 781001 4: YAMAN AGARWAL S/O LATE KAILASH AGARWAL RESIDENT OF GOVINDKUNJ BEHIND NARBADA BUILDING CHATRIBARI KAMRUP M ASSAM GUWAHATI 781001 5: SAHIL AGARWAL S/O LATE KAILASH AGARWAL Page No.# 2/4 RESIDENT OF GOVINDKUNJ BEHIND NARBADA BUILDING CHATRIBARI KAMRUP M ASSAM GUWAHATI 781001 6: SMT SUMAN AGARWAL W/O LATE BIMAL AGARWAL RESIDENT OF GOVINDKUNJ BEHIND NARBADA BUILDING CHATRIBARI KAMRUP M ASSAM GUWAHATI 781001 7: DHRUV AGARWAL S/O LATE BIMAL AGARWAL RESIDENT OF GOVINDKUNJ BEHIND NARBADA BUILDING CHATRIBARI KAMRUP M ASSAM GUWAHATI 78100 VERSUS THE STATE OF ASSAM AND ORS REPBY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, REVENUE AND DM DEPT, GUWAHATI, ASSAM 2:THE DISTRICT REGISTRAR O/O THE DISTRICT COMMISSIONER LICHUBAGAN HENGRABARI GUWAHATI 781036 KAMRUP M 3:THE SENIOR SUB REGISTRAR LICHUBAGAN HENGRABARI GUWAHATI 781036 KAMRUP M 4:THE TREASURY OFFICER O/O THE DISTRICT COMMISSIONER LICHUBAGAN HENGRABARI GUWAHATI 781036 KAMRUP Advocate for the Petitioner : MR. D SARAF, MR. S S GUPTA Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA, Page No.# 3/4 ASSAM BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 09.04.2025 1. Heard Mr. D Saraf, learned counsel for the petitioner. Also heard Ms. S Baruah, learned Junior Government Advocate and Mr. PR Mahanta, learned standing counsel for the Revenue and Disaster Management Department. 2. The petitioner has approached this court alleging inaction on the part of the respondent authorities in refunding excess registration fees of Rs. 7,63,950/-. The petitioner has stated that a lease deed vide deed No. 27535 was registered on 11.10.2022 at the office of the respondent No. 3 and while registering the sale deed, registration fees was collected in excess for ignorance of notification dated 03.09.2022. According to the petitioner, the petitioner is entitled to get refund an amount of Rs. 7,63,950/- collected in excess at the time of registration of the sale deed. 3. The learned counsel for the petitioner submits that they have preferred a representation (annexure 5) before the Senior Sub-Registrar, Kamrup (M) and it is her prayer that such application shall be considered by the Senior Sub-Registrar, Kamrup (M) and a direction may be issued to complete the process within a period of six weeks. 4. Ms. S Baruah, learned counsel submits that as per her instruction the Senior Sub-Registrar has already initiated the process and if the writ petition is disposed of as prayed by the petitioner, she has no objection. 5. Accordingly, considering the limited prayer, this writ petition stands disposed of asking the respondent No. 3 i.e. Senior Sub-Registrar to consider the claim of the petitioner and do the needful within a period of six weeks from furnishing a certified Page No.# 4/4 copy of this order passed today by the petitioner. JUDGE Comparing Assistant