Smt. Shobha Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2383 of 2022 ====================================================== Smt. Shobha Devi, W/o Bashishth Kumar Mishra @ Kanhaiya Mishra, Resident of Mohalla-Mouna Mishra Toli, P.S.-Chapra Town, District-Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Additional Chief Secretary, Prohibition, Excise and Registration Department, Govt. of Bihar, Patna.

3.

The Inspector General of Registration, Bihar, Patna. 4.

The Assistant Inspector General (Registration) Saran Division, Chapra. 5.

The District Registrar-cum-Collector, Saran at Chapra. 6.

The District Sub-Registrar, Saran at Chapra.

7.

Ajay Kumar Tiwary, son of Shambhu Nath Tiwary, resident of VillageKhanpur, P.S. Manjhi, District-Saran at Chapra. 8.

Smt. Shaloni Bharti, W/o Sri Mukesh Kumar Giri, Resident of VillageLiladhar Giri Ka Mathiya, P.S. Manjhi, District-Saran at Chapra. 9.

Sri Ghanshyam Kumar, Son of Hari Narayan Singh, Resident of VillageNarayanpur, P.S.-Bheldi, District-Saran at Chapra. 10.

Sri Lalit Mohan Singh, Son of Shyam Nandan Singh, Resident of VillageRam Nagar Chapra, P.S.-Chapra Muffasil, District-Saran at Chapra. 11.

Sri Kundan Kumar, Son of Sri Lalit Mohan Singh, Resident of Village-Azad Nagar Husya Chapra, P.S. Chapra Muffasil, District-Saran at Chapra. 12.

Rohit Bhardwaj, S/o Late Muneshwar Singh, Resident of Village-Khalpura Rumala, P.S.-Chapra Muffasil, District-Saran at Chapra. 13.

Sri Shivam Srivastava, Son of Santosh Kumar Srivastava, resident of Mohalla-Nehru Chowk behind Patrol Pump, P.S.-Chapra Town, DistrictSaran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sharma, Advocate For the Respondent/s :

Mr. Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-01-2023 Heard Mr. Ajay Kumar Sharma, learned counsel appearing on behalf of the petitioner and Mr. Vikash Kumar, learned SC-11 for the State.

Learned counsel appearing on behalf of the petitioner submitted that he has questioned the sale deed dated 28.08.2020

Patna High Court CWJC No.2383 of 2022(3) dt.13-01-2023 2/2 by filing Title Suit No. 2 of 2021 in the Court of Sub-Judge, Chhapra for cancellation of the sale deed and the same has been executed by playing fraud on the petitioner.

After some arguments, he seeks to withdraw the present writ petition to pursue remedy before the trial Court. He further submits that the trial court may be directed to expeditiously dispose of the Title Suit as the defendants have also filed their written statement and the trial may not be delayed because third party right has been created on the basis of alleged forged and fabricated sale deed.

Learned counsel for the State has not objected the submission made on behalf of the petitioner.

The present writ petition is disposed of as withdrawn with liberty to the petitioner to take all measures for expeditious disposal of the Title Suit No. 2 of 2021.

In view of the fact that pleadings have already been completed, the trial Court should take all measures to expeditiously dispose of the Title Suit No. 02 of 2021 in accordance with law.

(Purnendu Singh, J) Mantreshwar & Minu/- U T