IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9353 of 2009 Dr.Nandita Mukharjee, wife of Hon’ble Mr. Justice S.C. Mookherji, Ex- Judge, Patna High Court, resident of at P.S., Town and District- Madhepura, presently residing at M-3/20, S.K. Puri, P.S.-S.K. Puri, Town and District-Patna ………Petitioner Versus 1. The State Of Bihar through the Secretary, Revenue Department, Main Secretariat, Patna 2. Collector, Madhepura 3. In-Charge, Legal Section, Collectorate, Madhepura 4. District Treasury Officer, Madhepura 5. District Sub-Registrar, Madhepura 6. Manager, State Bank of India, Madhepura. ----------- 03. 12.09.2011 The present writ application has been filed for quashing the letter No. 126 dated 17.04.2009 issued under the signature of In-charge(Legal), Madhepura, wherein petitioner has been asked to submit the original stamp, challan and bankers’ pay-in-slip, so that the processes may be started for refund of the amount of unused stamps and further for a direction to make payment of the refund amount with regard to the said unused stamps. This is not in dispute that petitioner purchased stamps for value of Rs. 68,596/- but the same could not be used. The case of the petitioner is that the original stamps were submitted but no receipt was granted, whereas the case of the respondents is that the refund was claimed by submission of photocopy of stamps on 21st of November, 2008 but the original stamps were never produced and unless the original stamps are produced, the claim of the petitioner can not be processed. The petitioner, in reply to the counter affidavit has brought on record the affidavit of the advocate to the effect that the original stamps were submitted and Annexure-B of the counter affidavit shows that refund voucher reflects that refund application was submitted on 03.05.2008 but it does not reflect that the original stamps were not submitted rather column 2 of the said Annexure-B reflects the details about the stamps. In the circumstance, let the District Magistrate, Madhepura get the matter verified afresh in its Legal Section, in view of the admitted position that stamps were never used and try to get located the stamps within a period of two months from the receipt/production of the copy of this order and if located, it is also expected from the authority concerned to pass appropriate order on the claim of refund of the petitioner. With the observations above, the application stands disposed off. Shageer (Dinesh Kumar Singh, J)