CWP No.7637 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7637 of 2009 Date of Decision: 02.07.2010 **** Randhir Singh and another . . . . Petitioners VS. State of Haryana & Others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Bhag Singh, Advocate for the petitioners Mr. Ravi Dutt Sharma, DAG Haryana ***** SURYA KANT J. (ORAL) (1). The petitioners seek quashing of the orders-cum- memos dated 31.12.2008 (Annexure P7 & P8), whereby, their applications for refund of the amount of Non Judicial Stamp Papers purchased for execution of the Sale Deeds No.613 & 614 dated 05.10.2007, have been declined. (2). The respondents have filed their counter-reply wherein, it is not disputed that the State Government had acquired the petitioner’s agricultural land and they were paid compensation in lieu thereof by the Land Acquisition Collector, Irrigation Department as CWP No.7637 of 2009.doc - 2 – mentioned in the Certificate dated 10.04.2008 (Annexure P4). (3). The petitioners spent that compensation amount towards purchase of the agricultural land vide the above mentioned Sale Deeds No.613 & 614 dated 05.10.2007. (4). It is also not in dispute that the Notification dated 14.08.1995 (Annexure P3) issued by the Haryana Government provides “remission of the Duty in respect of the Sale Deeds to be got executed by the farmers whose land is acquired by the Haryana Government, for public purposes and who purchase agricultural land in the Haryana State within one year of the amount of compensation received by them.” (5). The petitioners, however, unaware of the notification, affixed the Stamp Duty and later on when they its sought its refund in terms of the Government Notification (Annexure P3), the same has been declined by the Deputy Commissioner, Ambala, on the plea that he was not competent to refund the Stamp Duty charges and that the petitioners may approach the Court of law for that purpose. CWP No.7637 of 2009.doc - 3 – (6). As the facts would speak for themselves, the petitioners, who are farmers, are entitled to the benefit of the Government Notification dated 14.08.1995 (Annexure P3) as they have purchased the agricultural land in the State of Haryana within a period of one year of the receipt of compensation amount in lieu of the acquisition of their land by the State Government for ‘public purpose’. (7). For the reasons afore-stated, the writ petition is allowed; the memos/letters dated 31.12.2008 (Annexure P7 & P8) are hereby quashed and the Collector, Ambala as well as the Sub Divisional Officer (Civil), Ambala are directed to refund the amount of Rs.22,750/- and Rs.25000/-, respectively to the petitioners spent by them on Non Judicial Stamp Papers while getting registered the Sale Deeds No.613 & 614 dated 05.10.2007. (8). The needful shall be done within a period of one month from the date of receipt of a certified copy of this order. (9). Ordered accordingly. (10). Dasti . (SURYA KANT) JUDGE CWP No.7637 of 2009.doc - 4 – 02.07.2010 vishal shonkar