Sri Sri 108 Narbdeswar Mahadeoji Maharaj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2947 of 2013 =========================================================== Sri Sri 108 Narbdeswar Mahadeoji Maharaj, Situated at Mauza Vikrampur, P.S. Desari, District - Vaishali through Sebayat Anil Kumar Jha, Son of Ramakant Jha Resident of Mauza - Vikarampur, P.O. - Sarai Dhanesh, P.S. - Desari, District - Vaishali .... .... Petitioner

Versus

1. The State Of Bihar

2. The Inspector General (Registration) Bihar, Patna

3. The Collector, Vaishali At Hazipur

4. The Sub-Registrar, Vaishali At Hazipur

5. The Deputy Collector-In-Charge, District Legal Section, Vaishali, Hazipur

6. Bihar State Religious Trust Board, Patna , through its Administrator .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Bilash Mahto, Advocate Mr. Manoj Kumar Singh, Advocate Kumari Anamika Singh, Advocate For the State : Mr. Ajay Kumar Sharma, AC to PAAG I For the Board : Mr. Ganpati Trivedi, Sr. Advocate Mr. Madan Mohan, Advocate For the Intervenor : Mr. Mahesh Narayan Parbat, Sr. Advocate Mr. Sunil Kumar, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 24-11-2016 Heard parties.

The petitioner has approached this Court for grant of following two reliefs :

(i) For release of deed of gift dated 31.07.2002 executed by Sudama Devi and another in favour of the petitioner, which has already been presented for registration.

(ii) For quashing the administrative order dated 10.09.2009, as contained in

Patna High Court CWJC No.2947 of 2013 dt.24-11-2016 2/3 Annexure-6, as well as the appellate order and the revisional order passed by the In-charge Deputy Collector, Vaishali at Hajipur and the Commissioner, Tirhut Division, Muzaffarpur, as contained in Annexure-7 and 9.

By Annexure-6 dated 10.09.2009, the registering authority had demanded Rs.1,01,632/- as stamp duty and registering fee from the transferee.

Now, learned counsel for the petitioner submits that the petitioner would not pursue this writ application as he is ready to deposit the said fee in three equal installments within three months from today.

Learned counsel for the State does not have any objection.

Accordingly, this writ application stands dismissed as not pressed as the petitioner is ready to deposit entire amount, which has been demanded by the registering authority, in three equal installments within three months from today.

Before parting with the matter, I must indicate that I.A.No.1896 of 2013 has been filed for intervention in the matter by so-called legal representative of one of the executant of deed of gift and I.A. No.8969/2016 has been filed for substitution of legal heir of so-

Patna High Court CWJC No.2947 of 2013 dt.24-11-2016 3/3 called intervenor of I.A. No.1896 of 2013. However, at the time of hearing, Mr. Mahesh Narayan Parbat, learned senior counsel seeks leave to withdraw the aforesaid interlocutory applications to move before the appropriate authority.

He can do that even without saying.

Accordingly, I.A. Nos. 1896 of 2013 and 8969/2016 are dismissed as withdrawn.

(Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 28.11.2016 Transmission Date N.A.