Hira Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22875 of 2018 ====================================================== Hira Devi, Wife of Prabhat Kumar Das Resident of Village - Kherajpur, P.S. - Bahadurpur, District - Darbhanga, at Present residing at LIG-1/32, Hanuman Nagar, Kankarbagh, Patna-20.

... ... Petitioner/s

Versus

1.

The State of Bihar through Inspector General of Registration Department, Bihar, Patna.

2.

The District Magistrate-Cum-District Registrar, East Champaran, Motihari. 3.

The District Sub Registrar, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr. Arun Kumar Bhagat, AC to Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 29-05-2019 Heard the learned counsel for the petitioner and the State.

The instant writ petition has been filed for issuance of writ in the nature of mandamus for direction to the respondents for consideration of application for grant of permission to transfer the land which is purchased land/Khatiyani land of the petitioner and further issue direction to respondent to grant permission to petitioner to transfer the alleged land, reason behind she is in need of money and further give legal consequential benefit to the petitioner.

Patna High Court CWJC No.22875 of 2018 dt.29-05-2019 2/2 Learned counsel for the petitioner has submitted that petitioner had purchased the land by registered sale deed dated 15.04.1994 from the Sugar Company Ltd. bearing Thana No. 136, Tauzi No. 455, Khata No. 17, Khesra No. 1219, Block-C/212 Area 0.01.0 (1 Katha) total 2000 sq. ft.

This Court finds that Respondent No. 3 is not the competent authority to grant permission with regard to the same. Accordingly, the instant writ petition is disposed off with liberty to the petitioner to file appropriate application before the District Magistrate-cum-District Registrar, East Champaran, Motihari (Respondent No. 2) for grant of such permission within a period of one month from the date of passing of this order. The Respondent No. 2 shall dispose off such petition in accordance with law within a period of one month from the date of filing of such application by the petitioner without being prejudiced by this order. The Respondent No. 2 shall pass speaking order after giving proper opportunity of hearing to the petitioner. (Sanjay Priya, J) rakhi/- AFR/NAFR CAV DATE N.A.

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