Smt. Radha Devi v. The State Of Bihar (And ORS)
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7185 of 2023 ====================================================== Arun Kumar Son of Late Somari Mahto Resident of Mohalla-Ashok Nagar, Rajgir (Near R.D. High School), Police Station-Rajgir in the District of Nalanda. At Present Resident of Flat No. 4001, Block-D, Green Viwe Heights Apartemnt, Bariatu, Ranchi, Police Station-Bariatu in the District-Town of Ranchi (Jharkhand).
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Registration, Government of Bihar, Patna.
2.
The Principal Secretary, Department of Registration, Government of Bihar, Patna.
3.
The Inspector General of Registration, Government of Bihar, Patna. 4.
The District Magistrate-Cum-Collector-Cum-District Registrar, Nalanda at Biharsharif.
5.
The Additional Collector, Nalanda at Biharsharif. 6.
The Circle Officer, Rajgir Anchal in the District of Nalanda. 7.
The Sub-Registrar, Rajgir in the District of Nalanda. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 999 of 2019 ====================================================== Smt. Radha Devi D/o late Singeshwar Prasad, W/o Sri Indrajeet Prasad R/o Mohalla- Mahalpar, P.O. and P.S.- Bihar Sharif, District- Nalanda, Bihar. ... ... Petitioner/s
Versus
1.
The State Of Bihar through its Principal Secretary Department of Registration, Govt. of Bihar, Patna.
2.
The Inspector General of Registration, Govt. of Bihar, Patna. 3.
The District Magistrate, Nalanda, Bihar.
4.
The L.R.D.C. Rajgir, District- Nalanda.
5.
The Circle Officer, Rajgir, Nalanda.
Patna High Court CWJC No.7185 of 2023(4) dt.01-10-2024 2/3 6.
The Assistant Registrar, Rajgir Registry Office, Rajgir, Nalanda. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 7185 of 2023) For the Petitioner/s :
Mr.Sunil Kumar, Adv.
For the Respondent/s :
Mr.Vikash Kumar (Sc11) (In Civil Writ Jurisdiction Case No. 999 of 2019) For the Petitioner/s :
Mr. Rajeev Kumar Verma, Sr. Adv.
Mr. Rajneesh, Adv.
Mr. Rohan Verma, Adv.
For the Respondent/s :
Mr.Anil Kr.Sinha , Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2024 The first case has been filed for directing the SubRegistrar, Rajgir, District-Nalanda at Biharsharif, to register the sale deed, presented before him, appertaining to Khata No. 482, Plot No. 515, Thana No. 485, situated at Mauza Rajgir Tola Sabalpur, District-Nalanda at Biharsharif, whereas the second writ petition has also been filed, seeking same and similar relief, inasmuch as the petitioner of the second case is the vendor in the said sale deed, hence, has also sought a direction for registration of the sale deed in question.
2.
At the outset, the learned Senior Counsel for the petitioner has referred to Annexure-6, annexed to the second writ petition, i.e. an order dated 16.9.2014, passed by the Additional Collector, Nalanda, whereby and whereunder he has observed that the ban, imposed by the Circle Officer on sale /
Patna High Court CWJC No.7185 of 2023(4) dt.01-10-2024 3/3 purchase of the aforesaid land in question, is not proper, hence, permission be granted for sale / purchase of the said land in question.
3.
Nonetheless, at this juncture, the learned Senior Counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Nalanda at Biharsharif, by filing appropriate petition for the purposes of grant of permission for sale / purchase of the aforesaid land in question and for registration of the sale deed, already presented by the petitioner of the first case before the Sub-Registrar, Rajgir, District-Nalanda at Biharsharif. Liberty, so sought, is granted. 4.
It is needless to state that in case, appropriate petition is filed by anyone of the aforesaid petitioners, within a period of four weeks from today, before the District Magistrate, Nalanda at Biharsharif, he shall consider the same, in accordance with law and pass a reasoned and a speaking order within a period of six weeks, thereafter.
5.
Accordingly, the present writ petitions stand disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Ajay/- U