Patna High CourtCWJC/3375/2019disposed

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.3375 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, ILLINOIS60540, United States of America ... ... Petitioner/s

Versus

1. The State of Bihar and Ors 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. District Magistrate, Katihar

5. The Registering Officer, District Registration Officer, Karihar

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

7. Md. Badaruddin Son of Haji Pharjan Ali Village Baidyanathpur, P.S.- Ambabad, District Katihar

8. Bibi Sayada Khatun Wife of Md. Badaruddin both Resident of Village Baidyanathpur, P.S. Amdabad, District- Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Maharaj For the Respondent/s :

Mr.Anil Kumar Sinha (Ga1) ====================================================== 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. 21014 dated 15.12.2010 executed by Respondent No. 6 in favour of Respondent Nos. 7 and 8. 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

Patna High Court CWJC No.3375 of 2019(2) dt.22-02-2019 2/2 competent jurisdiction. The petitioner has sought for quashing of the sale deed in question.

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