Shashi Kant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2690 of 2023 ====================================================== Shashi Kant Kumar Son of Ramvriksh Singh, Resident of village - Bishunpur, P.S. Konch, District - Gaya, presently residing at Road No. 5, Kharkhura Bhagt Bigha, Gaya, P.O. and P.S. Delha, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

3.

The Inspector General Registration, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

4.

The District Magistrate-cum-District Registrar, Gaya, District - Muzaffarpur. 5.

The District Public Complaint Redressal Officer, Gaya, District - Gaya. 6.

The District Sub-Reigstrar, Gaya, District - Muzaffarpur. 7.

The Circle Officer, Town Gaya, District - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2023 Learned counsel for the petitioner and learned counsel for the State are present.

2. The present writ petition has been filed for directing the respondent to recall/withdraw the order of restriction of transfer of land of the petitioner bearing Khata No. 498 (Old), 100 (New), Plot No. 53 (Old), 22 (New), situated in Mauza- Kharkhura, Thana- Chandauti, Thana No.1, Ward No.1 under Chandauti Circle of Gaya district.

3. Learned counsel for the petitioner submits that

Patna High Court CWJC No.2690 of 2023(2) dt.12-07-2023 2/3 petitioner is purchaser of the said land by virtue of Annexure-1. It has been duly mutated and rent receipt has been issued to the petitioner. Counsel further submits that upon purchase of land, petitioner came for the possession of the land. He further submits that recently petitioner was in need of money, therefore, he wants to sell the land but it has been informed that there is already a stoppage made on the said land by virtue of a committee.

4. Learned counsel for the State submits that the District Collector is the Registrar of the District Registry Office of the district though an immediate officer is the District SubRegistrar. He further submits that petitioner may be directed to file his representation before the District Registrar-cumCollector, Gaya.

5. Counsel for the petitioner fairly submits that till date he has not filed any representation before the Collectorcum-District Registrar, Gaya.

6. In this view of the matter, petitioner is directed to file a fresh representation before the Collector-cum-District Registrar, Gaya, and the Collector-cum-District Registrar, Gaya is directed to consider the entire documents and upon providing hearing to the petitioner, pass a reasoned and speaking order

Patna High Court CWJC No.2690 of 2023(2) dt.12-07-2023 3/3 within eight weeks from the date of filing of the representation before him along with the copy of this order.

7. With the aforesaid direction, the present writ petition is disposed off.

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