Patna High CourtCWJC/3202/2019disposed

Radhe Shyam Puranmalka v. The State Of Bihar And ORS

2019-02-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3202 of 2019 ====================================================== Radhe Shyam Puranmalka, Son of Late Prahlad Roy Puranmalka ,Resident of Mohalla- Bara Bazar, Katihar, P.S. and District- Katihar, Presently residing at 1368 Hunter Circle, Naperville, ILLINOIS 60540, United States of America ... ... Petitioner/s

Versus

1. The State Of Bihar, through its Chief Secretary, Bihar, Patna.

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

3. The Inspector General of Registration and Excise Bihar, Patna.

4. The District Magistrate, Katihar.

5. The Registering Officer District Registration Office, Katihar.

6. Shyam Sundar Puranmalka son of Late Babulal Puranmalka Residing at Shiv Mandir Chowk, Bara Bazar, Katihar, P.S. and District- Katihar.

7. Md. Ainul Haque Son of Abdul Suleman Resident of Village Bheriya Rahika, P.S. and District- Katihar.

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

For the Petitioner/s :

Mr.Anil Kumar Maharaj For the Respondent/s :

Mr.Vikash Kumar (Sc 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2019 Heard the parties.

The petitioner has filed the present writ application for quashing the sale deed No. 502 dated 10.01.2008 executed by Respondent No. 6 in favour of Respondent No. 7. The petitioner has further prayed for directing the Respondent nos. 4 and 5 to look into the matter and to take necessary action with respect to illegal registration of the landed property of the petitioner. The matter relates to civil dispute and the grievance of the petitioner can only be redressed by the Civil Court with a competent jurisdiction. The petitioner has sought for quashing the sale deed in question.

Patna High Court CWJC No.3202 of 2019(2) dt.22-02-2019 2/2 Considering the aforesaid facts and circumstances, the petitioner is directed to prefer a suit before the Civil Court with a competent jurisdiction as the same cannot be decided under Article 226 of the Constitution of India.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U