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2018 DIGILAW 427 (JHR)

Madhu Jyotsna Akhouri v. Jharkhand State

2018-02-20

ANUBHA RAWAT CHOUDHARY

body2018
JUDGMENT : Heard Mr. S.K. Verma, counsel appears on behalf of the petitioners. 2. Heard Ms. Sweta Kumari, counsel appears for the respondent-Board. 3. This writ petition was originally filed by Manhar Krishna Akhouri who expired during the pendency of the writ petition and has been substituted by the present petitioners vide order dated 03.05.2013. 4. The writ petition has been filed mainly for direction upon the respondents for executing registered deed as per agreement and allotment order vide Memo No. 5464 dated 11.12.1997 (Annexure-1) and the petitioners further claim for refund the excess amount paid to the respondent-Board under protest. The counsel for the petitioners submits that the petitioner is not aware of the breakup of the amount which has been realized by the respondent-Board. 5. At the outset, counsel for the petitioners submits that so far as the relief regarding registration of the property is concerned, that has already been done by the respondent-Board but the relief in connection with refund of the excess amount which has been realized by the respondent-Board is still surviving in this writ petition. At this stage, counsel for the petitioners submits that writ petition may be disposed of with a direction upon the respondent no.2 to give the breakup calculation of the amount realized from the petitioner so that the petitioner may examine the same and file representation for refund of the excess amount realized by the respondents. 6. At this, the counsel for the respondents have no objection to the prayer made by the petitioner. 7. After hearing the counsel for the parties and considering the facts and circumstances of this case and the limited prayer made by the petitioner the writ petition is disposed of with following directions:- (a) The respondent-Board is directed to provide details of the calculation of the amount which has been realized from the petitioner or paid by the petitioner under protest within a period of one month from the date of receipt of the copy of this order. (b) Thereafter, the petitioner shall file their objection if any, to the amount realized by the respondent-Board before the respondent no.2. (c) Respondent No.2 shall consider the grievance of the petitioners in the light of their circulars and judicial pronouncements and pass a reasoned speaking order after hearing the petitioner within a period of one month thereafter. (b) Thereafter, the petitioner shall file their objection if any, to the amount realized by the respondent-Board before the respondent no.2. (c) Respondent No.2 shall consider the grievance of the petitioners in the light of their circulars and judicial pronouncements and pass a reasoned speaking order after hearing the petitioner within a period of one month thereafter. If any amount is found refundable to the petitioners the same should be refunded by the respondent no.2 within a period of four weeks thereafter. 8. The writ petition is disposed of with the aforesaid directions.