Ram Ishwar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4848 of 2020 ====================================================== Ram Ishwar Bhagat Son of Ram Satan Bhagat Resident of Village- Paroha Tole Maldi, P.S.- Dumara, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the I.G. Registration, Bihar, Patna. 2.

The Commissioner Tirhut Division, Muzaffarpur. 3.

The Assistant I.G. Registration Tirhut Division, Muzaffarpur. 4.

The District Magistrate-cum- Registrar Registration of District, Sitamarhi. 5.

The District Sub- Registrar Sitamarhi.

6.

The Circle Officer Belsand, District- Sitamarhi. 7.

The Revenue Karamchari Belsand, District- Sitamarhi. 8.

Shyambabu Singh Son of Late Bishwanath Singh Resident of Village and Mauza- Machhi, P.S.- Belsand, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar For the Respondent/s :

Mr.Vivek Prasad (Gp7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-10-2022 The challenge in the present writ petition is to the order dated 30.07.2019, passed by the learned Court of Divisional Commissioner, Tirhut Division, Muzaffarpur in Stamp Appeal Case No. 118 of 2019, which has been rejected merely on the ground of being time barred by 5 months. The learned counsel for the petitioner has submitted that on account of certain constraints, the appeal could not be filed within time, however, the petitioner undertakes to deposit the statutory fees, required to be deposited, for the purposes of prosecuting the said appeal within a period of 4 weeks from today, hence,

Patna High Court CWJC No.4848 of 2020(2) dt.10-10-2022 2/2 direction be issued to the Divisional Commissioner, Tirhut Division, Muzaffarpur, to consider the appeal of the petitioner on merits.

Having regard to the facts and circumstances of the case and in the interest of justice, I deem it fit and proper to dispose off the present writ petition with a direction that in case the statutory amount of 50% of the payable deficit Stamp fees is deposited by the petitioner within a period of 4 weeks from today, the aforesaid impugned order dated 30.07.2019, shall be deemed to have been quashed and the learned Divisional Commissioner, Tirhut Division Muzaffarpur, shall proceed to hear the appeal filed by the petitioner on merits. (Mohit Kumar Shah, J) Tiwary/Saurav U