Arun Kumar Shitanshu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2828 of 2018 ====================================================== Arun Kumar Shitanshu, son of Dashrath Mandal, resident of VillageKushaha, P.O.- Ghogha, P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

2. The Inspector General of Registration, Bihar, Patna.

3. The Deputy Inspector General of Registration, Bhagalpur Commisionery, Bhagalpur.

4. The District Registrar of Registration, Bhagalpur, District- Bhagalpur.

5. The District Under Registrar of Registration, Bhagalpur, District- Bhagalpur.

6. The District Under Registrar of Registration, Banka, District- Banka.

7. The Under Registrar of Registration, Kahalgaon, District- Bhagalpur.

8. The District Collector, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Adv.

For the Respondent/s :

Mr. Ravindra Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 11-09-2018 Let counter affidavit filed on behalf of Respondent Nos. 3, 4, 5 and 7 be kept on record. Heard learned counsel for the petitioner and the respondent-State.

The present writ application has been filed for setting aside the order dated 26.12.2013, passed in Refer Case No. 48 of 2012, as contained in Annexure-1, issued under the signature of Respondent No. 3, the Assistant

Patna High Court CWJC No.2828 of 2018 dt.11-09-2018 2/3 Inspector General, Registration, Bhagalpur Division, Bhagalpur, whereby, the petitioner has been directed to deposit the deficit stamp with penalty and on delayed payment interest also.

It is submitted by learned AC to AAG-6 that the impugned order was passed in 2013 and almost after five years the present writ application has been preferred. However, after some arguments, learned counsel for the petitioner seeks permission to withdraw the present writ application with a liberty to prefer appeal against the impugned order.

The writ application is permitted to be withdrawn.

It is expected from the appellate authority that if such an appeal is filed against the impugned order dated 26.12.2013 within a period of three weeks from the date of receipt/production of a copy of this order, along with an application showing cogent explanation for condonation of delay in filing of the appeal, then the appellate authority may consider the same, keeping in view the fact that writ application was pending before this Court.

Accordingly, the writ application is disposed of

Patna High Court CWJC No.2828 of 2018 dt.11-09-2018 3/3 as withdrawn with the observation aforementioned. (Dinesh Kumar Singh, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date Transmission Date