Digvijay Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 9388 of 2016 =========================================================== Digvijay Kumar, Son of Late Uma Shankar Singh, Resident of Mohalla- Takiya, Ward No.1 (Behind Sri Shankar High School), P.O. & P.S.- Sasaram, DistrictRohtas. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary (Registration), Department of Registration, Excise and Prohibition, Government of Bihar, Patna.
2. The Principle Secretary (Registration), Department of Registration, Excise and Prohibition, Government of Bihar, Patna.
3. The Inspector General, Registrations, Department of Registration, Government of Bihar, Patna.
4. The Deputy Inspector General, Registrations, Department of Registration, Government of Bihar.
5. The Assistant Inspector General, Patna Division, Patna.
6. The District Registrar-cum-Collector, District- Rohtas at Sasaram. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr.
For the Respondent/s :
Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 10-10-2017 Heard learned counsel for the petitioner and the State.
2. The petitioner has moved the Court for the following reliefs:
"a.
bring all the relevant notification, recommendation and proposals; on the basis of which; the new valuation Register has been maintained in the office of the Respondent No. 6 and its Sub-Ordinate sub registries.
b. And further for quashing of the notification, above produced, by which the new valuation of the land has been done and the new valuation register has been published and maintained with effect from
Patna High Court CWJC No.9388 of 2016 dt.10-10-2017 2/3 01.02.2016."
3. Upon going through the same, the Court finds that the same are misconceived at the present stage for the reason that under various statutory provisions as well as the Right to Information Act, it is open to the petitioner to obtain the documents which he has prayed for the Court to call for and further the notification relating to valuation of the land being based totally on factual considerations, that is, the location of the land, distance from the main road or highway, cannot be gone into in the present proceeding and unless such facts are first admitted and accepted, the Court cannot test the decision of the State authorities, either on the ground of reasonableness or otherwise.
4. In view thereof, the writ petition stands disposed off. However, it shall be open to the petitioner to move in the matter before the appropriate authority, in accordance with law. If any representation has been filed before the authorities concerned, and is pending, they are required to consider and dispose off the same in accordance with law, expeditiously.
5. For such purpose the petitioner can make a fresh application before the Officer/Authority concerned within two weeks from today with regard to pendency of any of his earlier representations. If the same is done and it is found that any such
Patna High Court CWJC No.9388 of 2016 dt.10-10-2017 3/3 representation filed by the petitioner earlier is pending, the authority concerned shall be obliged to pass a reasoned order in accordance with law, within four weeks thereafter.
(Ahsanuddin Amanullah, J.) Anand Kr.
AFR/NAFR U