Umesh Chander Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3410 of 2023 ====================================================== Umesh Chander Singh Son of Brijkishore Singh, Resident of Niwas, MohallaBhawanipur Zeerat, P.S.- Chatauni, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Dept. of Prohibition Excise and Registration, Govt. of Bihar.

2.

The Inspector General of Registration, Department of Registration, Govt. of Bihar.

3.

The Deputy Inspector General of Registration, Department of Registration, Govt. of Bihar.

4.

The Collector, East Champaran.

5.

The District Sub Registrar, Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Asif Kalim, Adv.

For the Respondent/s :

Mr. Vikash Kumar ( SC- 11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Counsel for the petitioner submits that petitioner has filed this writ petition for directing the respondent authority to take decision on the petitioner's land, which is on hold and not to sale relating to plot no.33 under Khata No.30 and Thana No.105, area one Bigha, six Katha and two Dhur.

3. Counsel for the petitioner submits that the petitioner has purchased the possession of the land vide Registry sale deed dated 03.05.1960. He submits that the said land is related to plot no.33 under Khata No.30 and Thana No.105,

Patna High Court CWJC No.3410 of 2023(2) dt.25-07-2023 2/3 which was subject to Partition Suit no.128 of 2020. He further submits that he has filed representation vide Annexure-5 in which he has categorically submitted the order to maintain the status-quo relating to the said land which is only for 2 Katha of land, which is situated far away from the land of the petitioner.

4. Counsel for the petitioner submits that he is ready to explain the entire matter before the Additional District Registrar, East Champaran, Motiahri, before whom he filed the registration sale deed. Inspite of filing the said registration sale deed, no decision has taken place till date.

5. Counsel for the State submits that he has not filed counter affidavit in this case but this writ may be disposed off directing the petitioner to file a fresh representation before the authority, who may be directed to pass a reasoned and speaking order in this matter.

6. In this background, petitioner is directed to file a fresh representation before the District Registrar-cum-Collector, East Champaran, Motihari raising all his grievances that statusquo of this Court order is only for the 2 Khata land, which is to be decided from the land of the petitioner.

7. The Collector, East Champaran, Motihari is directed to pass a reasoned and speaking order after granting

Patna High Court CWJC No.3410 of 2023(2) dt.25-07-2023 3/3 opportunity of hearing to both the parties, within 6 weeks from date of filing of fresh representation along with copy of this order.

8. With the aforesaid direction, this writ petition is hereby disposed off.

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