Chhote Lal Prasad Yadav v. The State Of Bihar Through The Principal Secretary, Registration Department, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.486 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Muzaffarpur ====================================================== CHHOTE LAL PRASAD YADAV S/o Rudal Prasad Yadav Resident of Village- Majhaulia, Dudh Chaturi Ratan Mala, Mathia, P.S.- Majhaulia, District- West Champaran and at Present- Village/ Mohalla- Madhukunj Nagar, Baswaria, Ward No.30, Police Station- Bettiah, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration Department, Bihar, Patna. Bihar 2.

The District Magistrate, West Champaran. Bihar 3.

the Assistant Inspector General (Registration), Tirhut Division, Muzaffarpur. Bihar 4.

The District Sub- Registrar, West Champaran. Bihar 5.

The District Cerificate Officer, West Champaran (Bettiah) Bihar 6.

The Assistant Collector- Cum- Cerificate Officer, West Champaran, Bettiah Bihar 7.

The Circle Officer, Nautan, West Champaran. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajeet Kumar Bhardwaj, Advocate For the Respondent/s :

Mr.Pawan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2023 1.

Heard the learned counsel for the petitioner. 2.

The present writ application has been filed for issuance of an appropriate writ/ writs, order/ order, direction/ directions to the respondent concerned for assessing/ calculating the registration fee along with all the statutory fee/ charges as per prevailing M.V.R. of the land at material time and subsequently, allowing the petitioner to deposit differential

Patna High Court CR. WJC No.486 of 2022(3) dt.27-09-2023 2/2 amounts payable by him after nullifying the certificate proceeding as well as other connected proceedings, inasmuch as the petitioner is ready to pay the same without any further complications. As per the statement made in the writ application, the deficiency in calculating the value of the property at the time of registration may be due to some ignorance or mis-calculation of registration fee as per the prevailing M.V.R. and was not intentional rather the registering authority is duty bound to make an inquiry regarding M.V.R. fixed and available on records before registration. 3.

After some arguments, the learned counsel for the petitioner seeks permission to withdraw the present writ application with liberty to file appropriate writ petition in a proper format before this Court.

4.

Accordingly, the writ application stands dismissed as withdrawn, however with the aforesaid liberty. (Anil Kumar Sinha, J) rinkee/- U T