| Citation(s) |
|---|
| 2016 SLG 2345 2016 SLD 2345 2016 PLD 156 2016 PLJ 39 |
Lahore High Court
Writ Petition No. 9618 of 2011, decided on 1st September, 2015.
CH. MUHAMMAD IQBAL, JUSTICE
Ms. Asma Hamid, Addl. Advocate-General.
Writ Petition No. 9618 of 2011, decided on 1st September, 2015.
CH. MUHAMMAD IQBAL, JUSTICE
Ms. Asma Hamid, Addl. Advocate-General.
MUHAMMAD IDREES THROUGH MUHAMMAD SARWAR-
VS
DISTRICT OFFICER (REVENUE) AND another
Law:
Section:
Stamp Act (II of 1899)--------- ----------Ss. 49(d)(6) & 50(3)---------Stamp papers, refund of---------Limitation---------Petitioner was aggrieved of the order passed by Revenue authorities whereby they had refused to refund amount of non-judicial stamp papers on the ground that same was barred by time---------Validity---------Petitioner had not stated in the petition that sale deed could not be completed due to refusal rather some dispute had arisen between the parties due to which sale deed could not be registered---------Later on the parties settled their dispute and petitioner got registered a sale deed in favour of same purchaser on new stamp papers---------Case of petitioner fell under the ambit of S.49(d)(6) read with section 50(3) of Stamp Act, 1899, which prescribed a period of six months for refund of stamp papers---------Application for refund of stamp papers was filed within time by the petitioner, therefore, order passed by revenue authorities were illegal as they had not applied their judicious mind while passing the same---------High Court directed revenue authorities to issue refund of stamp papers to petitioner---------Petition was allowed in circumstances. Zahid Pervaiz v. Commissioner Rawalpindi Division Rawalpindi and 3 others 2004 YLR 890 and Riaz Hussain v. Board of Revenue Punjab through Senior Member and 2 others 2010 CLC 1575 rel. THIS ORDER PASSED BY: CH. MUHAMMAD IQBAL, JUSTICE:------- Through this writ petition, the petitioner has challenged the order dated 24.2.2010 passed by the District Officer (Revenue)/Collector, Sialkot whereby he rejected the petitioner's application for refund of stamp papers worth Rs.1,40,000/- and order dated 24.8.2010 whereby the Senior Member/Chief Revenue Authority, Board of Revenue, Punjab, dismissed the revision petition of the petitioner. 2. Brief facts for the disposal of this petition are that on 23.6.2009, the petitioner purchased non-judicial stamp papers worth Rs.1,40,000/- from Sadder Treasury, Sialkot and on the same date, the sale deed was written/ executed thereon but the same could not be finalized due to some dispute between the parties. Hence, on 19.12.2009, the petitioner submitted an…
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