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Patna High CourtCWJC/7267/2025disposed

Rajan Mishra v. The State Of Bihar

2025-12-17Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7267 of 2025 ====================================================== Rajan Mishra Son of Chandra Kishor Mishra, Resident of Village- Sareya Baduraha, Dumariya, P.S. - Motihari Nagar, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Revenue and Land Reform Department, Government of Bihar, Patna.

3.

The District Magistrate, East Champaran, Motihari. 4.

The Additional Collector (Ceiling) East Champaran, Motihari. 5.

The District Sub Registrar, District Sub Registry Office, East Champaran, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Adv.

Mr. Kanishk Kaushubh, Adv.

Mr. Rajnish Prakashh, Adv.

Ms. Lakshmi Kumari, Adv.

Mr. Ankesh Kumar Sinha, Adv.

For the Respondent/s :

Mr. Government Pleader (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-12-2025 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "i) For issuance of direction to the respondents authorities to remove the land of the petitioner i.e. Khata No.82, Plot no.19 situated at Bairiya, East Champaran Motihari from the restricted list of registration of documents, which was separated from the ceiling proceeding vide order dated 28.06.1999 passed by the Additional Collector (Ceiling)

Patna High Court CWJC No.7267 of 2025(3) dt.17-12-2025 2/3 East Champaran, Motihari, in Ceiling Proceeding No. 03/1983-84. specially under the circumstances, when the Hon'ble Division Bench vide Order dated 27.10.2016 in Civil Review No. 410 of 2016 has already clarified that the restriction on sale is no longer existing and the state filed SLP bearing S.L.P. (Civil) No. 4160 of 2017, which was dismissed vide Order dated 23.02.2017 and one Review application bearing R.P (C) Diary No. 31140/2017 was filed and same was also dismissed vide order dated 31.10.2017 by Hon'ble Supreme Court.

ii) For issuance of direction to the respondent authorities to accept and register the documents presented by the petitioner for sale and other transaction of Khata No.82, Plot no.19. situated at Bairiya, East Champaran Motihari in the light of the fact that other similarly situated person namely M/S Ramacast Limited has been permitted by this Hon'ble court vide judgment dated 27.10.2016 in Civil Review No. 410/16, as well as vide judgment dated 26.09.2019 passed in CWJC No.

15326/2019."

3. In the counter-affidavit filed by the Respondent Nos. 3 to 5, it is stated that the Committee headed by the Additional Collector (Ceiling), East Champaran, Motihari has taken a decision to remove the restrictions imposed by the authorities in respect of the subject plot of the petitioner i.e.

Patna High Court CWJC No.7267 of 2025(3) dt.17-12-2025 3/3 'Khata No. 82, Plot No. 19' situated at Bairiya, East Champaran Motihari and further the authorities have also addressed a letter to the petitioner vide Letter No. 4977 dated 09.12.2025 Annexure-R/B asking him to present the documents for the purpose of registration.

4. Having regard to the same, the present writ petition is disposed of directing the authorities to register the documents presented by the petitioner in respect of the subject matter of the present writ petition i.e. 'Khata No. 82, Plot No. 19' situated at Bairiya, East Champaran Motihari.

5. With the above directions, the present Writ Petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U