Brajesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2444 of 2019 ====================================================== Brajesh kumar Singh R/o Muhalla- Salempur, P.S. Chapra Town, Distt. Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Saran 2.

The Assistant Inspector General, Registration, Saran Division at Chapra, Saran. Bihar 3.

The Registrar, Chapra Registrar Office, Chapra, Distt. Saran Bihar 4.

The Sub-Registrar, Chapra Registry office, Chapra, Distt. Saran. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwajeet Singh, Adv.

Mr. Kundan Kumar Singh, Adv.

For the Respondent/s :

Mr.Kumar Pankaj, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2022 Though, the present writ petition has been filed seeking to challenge the order dated 09.08.2018 passed in Court Fee Case No. 77/17 by the Assistant Inspector General, Registration, Saran Division, Chapra, however, the learned counsel for the petitioner has restricted his relief to grant of liberty to the petitioner to file appeal before the appellate authority, however, he submits that the appellate authority be directed to consider the case of the petitioner on merits as also be directed to consider that aspect of the matter whereby penalty has been imposed on the ground that the petitioner had concealed certain facts, although it is a fact that the petitioner has not concealed anything.

Patna High Court CWJC No.2444 of 2019(3) dt.11-07-2022 2/2 Per contra, the Ld. Counsel for the Respondents has no objection in case the petitioner is granted liberty to file appeal.

Accordingly, the present writ petition stands disposed of as not pressed, however, with liberty to the petitioner to file appropriate appeal against the order dated 9.8.2018 passed by the Assistant Inspector General, Registration, Saran Division, Chapra and in case appropriate appeal is filed within a period of four weeks from today, the same shall be decided on merits by the appellate authority without being impeded by the issue of limitation and entire aspect of the matter including the aspect regarding imposition of penalty shall be examined and considered by the appellate authority.

The writ petition stands disposed of on the aforesaid terms and with the aforesaid liberty.

It is made clear that in case appropriate appeal is filed by the petitioner within a period of four weeks from today, no coercive action shall be taken against the petitioner till passing of final order in the appeal being filed by the petitioner. (Mohit Kumar Shah, J) Tiwary/- U