Abhay Kumar @ Suman Jee v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6774 of 2021 ====================================================== Abhay Kumar @ Suman Jee Son of Late Ganesh Prasad, Resident of VillageAreraj, P.S. Areraj, District-East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Registrar-cum-Collector, East Champaran, Motihari. 3.

The Sub Registrar, Areraj, East Champaran, Motihari. 4.

Vaias Pandey, son of Late Ramjee Pandey, Resident of Village-Goindih, P.S. Halsidhi, District-East Champaran.

5.

Lalmuni Devi, Wife of Late Shardanand Pandey, Resident of Village-Lauria, P.S. Govindganj, District-East Champaran.

6.

Ajay Pandey, Son of Late Shardanand Pandey, Resident of Village-Lauria, P.S. Govindganj, District-East Champaran.

7.

Nitish Pandey, Late Shardanand Pandey, Resident of Village-Lauria, P.S. Govindganj, District-East Champaran.

8.

Kusum Devi, Wife of Sanjay Sahi, Daughter of Late Shardanand Pandey, Resident of Village-Belbanwa, P.S. Town, District Motihari, East Champaran.

9.

Chunchun Devi, Wife of Manish Kumar Singh, Daughter of late Shardanand Pandey, Resident of Village-Bariyarpur (Chhota), P.S. Chhitauni, District Motihari, East Champaran.

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary,Advocate For the Respondent/s :

Mr.Sriram Krishna,AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-11-2022 After some arguments, the learned counsel for the petitioner, though seeks not to press the present writ petition but seeks liberty on behalf of the petitioner to file a suit before the Ld. Civil Court, having competent jurisdiction, for annulment of the sale deed dated 17/05/2011, pertaining to land situated at

Patna High Court CWJC No.6774 of 2021(2) dt.15-11-2022 2/2 Thana No. 104, Khata No. 198, 219 and 88, Khesra No.- 236, 237, 340 and 601. Liberty so sought is granted. It is needless to state that since it is the averment of the learned counsel for the petitioner that the petitioner is still in possession of the land in question, status quo existing as on today shall be maintained for a period of four weeks from today, in order to enable the petitioner to approach the learned Civil Court for the purposes of filing a suit and obtaining interim relief/injunction.

The writ petition stands disposed off as not pressed, however, with the aforesaid liberty.

(Mohit Kumar Shah, J) S.Sb/SonalU