Rameshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1828 of 2023 ====================================================== Rameshwar Yadav Son of Late Ramjiyavan Yadav, Resident of Village-Ballike-Tola at near Hussainganj Bazar, P.S.- Hussainganj, District- Siwan (Bihar), Pin Code- 841237.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, at Secretariat, Patna. 2.

The District Magistrate, Siwan, (Bihar).

3.

The Circle Officer at Block Hussainganj, Siwan. 4.

The Superintendent of Police, Siwan.

5.

The Police Inspector, at P.S.- Hussainganj, District- Siwan. 6.

The Registrar at Registry Office Siwan Sadar, District- Siwan (Bihar). 7.

Srimati Devanti Devi Wife of Udaybhan Prasad, at Resident of Village Hussainganj Bazar, P.S.- Hussainganj, District- Siwan (Bihar), Pin Code841226. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam, AAG-12.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present writ petition has been filed for correction in the sale deed.

Learned counsel for the State submits that correction in the sale deed can be made by the court of competent jurisdiction i.e. Civil Court.

This Court is fully agree that for the correction in the sale deed only Civil Court is the Court of competent jurisdiction

Patna High Court CWJC No.1828 of 2023(2) dt.05-07-2023 2/2 under Chapter V Section 31 to 35 of The Specific Relief Act, 1963 (Act 47 of 1963) the power for cancellation or partial cancellation of any instrument can further for declaration of status or right it is the Civil Court who is only competent. The case of Satya Pal Anand Vs. State of Madhya Pradesh reported in (2016) 10 SCC 767 clearly states that any party aggrieved by registration of document is free to challenge its validity before the Civil Court, hence, remedy lies to the present writ petitioner is to raise his grievances before Civil Court who is having territorial jurisdiction to hear this case. Accordingly, the present Writ Petition stands disposed off with liberty to the petitioner to raise his grievances before the Civil Court of competent jurisdiction.

(Dr. Anshuman, J.) Ritik/- U