Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3548 of 2024 ====================================================== Mithilesh Kumar Son of late Shiv Shankar Prasad Maheseth, Resident of village- Bhauara, Ward No. 27, P.S and District-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Inspector General Registration, Bihar, Patna. 2.

The Commissioner, Darbhanga Division, Darbhanga. 3.

The District Magistrate, Madhubani.

4.

The District Sub Registrar, Registration, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Kumari Pallavi, Adv.

For the Respondent/s :

Mr.Standing Counsel 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. (A) For issuance of a writ in appropriate nature of Mandamus directing and commanding the Commissioner, Darbhanga Division, Darbhanga to dispose of Miscellaneous Stamp Deficit Appeal Case No. 15/2021 which is pending before the Commissioner for long time.

(B) For further direction to the respondent authorities Sub Registrar, Registration to hear a fresh after giving opportunity of hearing to the petitioner. (C) For further quashing of the order dated 31.08.2021 passed by the Assistant Registration Registrar, Darbhanga in Stamp Case No. 4/2021-22 whereby the Stamp case was allowed directing the petitioner to deposit the deficit stamp of Rs. 3,81,546/- within 60 days, otherwise the petitioner

Patna High Court CWJC No.3548 of 2024(2) dt.06-05-2024 2/2 would have to pay the aforesaid amount along with 5% interest till deposit of the said amount as the order was passed without hearing of the petitioner."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Commissioner, Darbhanga Division, Darbhanga, to dispose off the Miscellaneous Stamp Deficit Appeal Case No.15 of 2021, within a stipulated time frame.

3. Per contra, the learned counsel for the respondentState submits that in case the aforesaid case is still pending adjudication, the same would definitely be disposed off, within a stipulated time frame, as is fixed by this Court.

4. Having regard to the limited prayer made by the learned counsel for the petitioner, I deem it fit and proper to direct the Commissioner, Darbhanga Division, Darbhanga, to dispose off the aforesaid Miscellaneous Stamp Deficit Appeal Case No.15 of 2021, by passing a reasoned and a speaking order, in accordance with law, within a period of 8 weeks of receipt/production of a copy of this order.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U