CWP/8818/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No. 8818 of 2023

Decided on 29th December, 2023 Darshan Singh

…Petitioner Versus State of Himachal Pradesh & Ors. …Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting? For the petitioner: Mr. Rajat Awasthy, Advocate.

For the respondents: Mr. Rajat Chauhan, Law Officer.

Ajay Mohan Goel, Judge (Oral)

The petitioner herein is purchaser of auction property, which purchase was made by him in the course of the auction of the property in issue by the banks with which the properties are mortgaged. The prayer of the petitioner is that e-stamp duty and e- registration fee, which has been charged from them by the respondents-State could not have been charged in terms of the judgment passed by the Hon’ble Division Bench of this Court in CWP No.221 of 2019, titled as Mohan Singh Guleria vs. State of H.P. & Ors., as also the judgment passed by this Court in CWP No.6561 of 2023, titled as M/s Khurana Oleo Chemicals, GT Road vs. State of H.P. & Ors. High Court of H.P. ::: Downloaded on - 31/10/2026 14:25:03 :::CIS

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3. Reply is stated to have been filed. Registry is directed to place the same on record. Though, learned Law Officer has made an endeavor that the petitioner is not entitled for the relief, as prayed for, but, it could not be disputed that the issue raised by the petitioner in fact is covered in terms of the judgments relied upon by the learned counsel for the petitioner.

4. Accordingly, this writ petition is disposed of with the observation that the directions, as have been passed by the Hon’ble Division Bench of this Court in CWP No. 221 of 2019, titled as Mohan Singh Guleria vs. State of H.P. and Ors., dated 28.03.2023, (supra) shall be read to have been passed mutatis mutandi in the present petition also and the respondents are directed to refund the Stamp Duty of Rs.24,25,710/-, which has been charged from the petitioner, in his favour within a period of three months from today. The petition stand disposed of in above terms, so also pending miscellaneous application(s), if any.

(Ajay Mohan Goel)

Judge

December 29, 2023 (narender) High Court of H.P. ::: Downloaded on - 31/10/2026 14:25:03 :::CIS