Inderdeo Parera v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19173 of 2016 ====================================================== Inderdeo Parera Son of Late Sukhdeo Parera, Resident of Purnea City, Police Station- Sadar Purnea, Post Office- Purnea, District- Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The District Magistrate, cum Collector, Purnea. 3.
Sub- Registrar, Sadar, Purnea.
4.
Smt. Prema Devi Wife of Sri Bjender Kumar Gupta, resident of Purnea City, Police Station- Sadar Purnea, Post Office- Purnea, District- Purnea. 5.
Vijender Gupta son of Late Ramchander Gupta, Resident of Purnea City, Police Station- Sadar Purnea, Post Office. Purnea, District- Purnea. 6.
Ashok Singh @ Ashok Kumar Singh, Son of Sri Radha Mohan Singh resident of Purnea City, Police Station- Sadar Purnea, Post Office- Purnea, District- Purnea.
7.
Mithelesh Kumar Singh Son of Sri Radha Mohan Singh resident of Purnea City, Police Station- Sadar Purnea, Post Office- Purnea, District- Purnea. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Sharma, Advocate For the State :
Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-09-2025 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
"(A) for issuance of an appropriate writ/writs, order/orders, direction/directions for quashing or set aside the ex-parte order dated 06-09-2016 passed by the Collector of Purnea in a case vide Registration Appeal Case No.
Patna High Court CWJC No.19173 of 2016(8) dt.02-09-2025 2/3 93/2012 whereby and whereunder the said learned Collector made direction or order to the Sub-Registrar, Sadar, Purnea for execution of exparte registration relating to petitioner immovable property (full description of property given in Annexure-1) in favour of private respondent no. 4, without considering the fact or appreciating the evidence available on record. Further the petitioner had not got any opportunity of hearing on the point of alleged fact and their respective law, before the learned collector or no any notice served upon the independent witnesses for ascertaining the real fact involved in the issue, while disposing the said appeal and mechanically passed the said order against the petitioner in violation of natural justice which is not sustainable in eye of law.
(B) for the direction to the concern respondents authority for the stay of ex-parte order dated 06-09-2016 till the final disposal of the present writ application keeping in view that
Patna High Court CWJC No.19173 of 2016(8) dt.02-09-2025 3/3 the learned Collector, Purnea wrongly adjudicated the Registration Appeal Case No.
93/2012 under section 72 of the Stamp Act and further the respondent no. 4 have no any locus to file appeal against the petitioner.
(C) and for any other relief/reliefs for which the petitioners are found to be entitled under the provision of law involved in the present case."
3. In the presence of learned State Counsel and Mr. Sushant Kumar Das, representing the respondent no. 6 and 7, Mr. Vikash Kumar on the instruction of Mr. Saroj Kumar Sharma, learned counsel for the petitioner makes a prayer for withdrawal of the petition submitting that the grievance stands redressed.
4. In that background, the writ petition stands dismissed as withdrawn.
(Rajiv Roy, J) vinayak/- U