MULAKH RAJ DUA vs THE STATE, GOVT. OF N.C.T. OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:- 03.11.2025 Date of Decision:- 09.12.2025 + LPA 1177/2024 MULAKH RAJ DUA .....Appellant Through: Mr. B. S. Chauhan and Mr. Ramvir Singh, Advs. versus THE STATE, GOVT. OF N.C.T. OF DELHI & ANR......Respondents Through: Ms.Avni Singh, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT DEVENDRA KUMAR UPADHYAYA, C.J. 1. This intra-Court appeal seeks to challenge the order dated 23.10.2024 passed by the learned Single Judge, in W.P. (C) No.14869/2024 filed by the appellant, whereby the said writ petition has been dismissed. 2. The claim put forth by the appellant in the proceedings of the writ petition before the learned Single Judge was that while allowing the refund of the value of the stamps purchased by the appellant, which were not used for executing the instrument in question, deduction of 10% amount made by Signature Not Verified Digiltally Signed LPA 1177/2024 Page 1 of 10 By:SREERAM L Signing Date:09.12.2025 17:13:32 the respondents was not lawful. In addition to 10% deduction, the appellant had also prayed that he was entitled of interest @ 6% per annum on the total amount to be refunded to him, which according to him, would be the amount equal to the value of the stamps. 3. The facts put chronologically, which are necessary for adjudication of the issue involved in this appeal are as under:- a) The appellant participated in an auction process conducted by Bank of Baroda (BoB), wherein the subject property, namely plot no.458-466, New Municipal No.537/2, out of Khasra No.372/39 to 51/2, Gali No.8, Friends Colony, Industrial Shahdara, Delhi-110095 was put to auction. Accordingly, the appellant on 09.01.2019 purchased stamps of Rs.23,58,000/- for execution of the sale deed and