Smt. Bibha Rani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.86 of 2015 In Civil Writ Jurisdiction Case No. 5431 of 2013 ======================================================

1. Smt. Bibha Rani wife of Sunil Kumar Singh resident of Village/Mohalla - Gardanibagh Road No. 1, Patthar Ke Gali, New Yarpur, P.S. - Gardanibagh, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Sayed Parwez Alam, The Inspector General , Registration, Bihar, New Secretariat, Patna.

3. Sri Narmdeshwar Lal, The Commissioner, Patna Division, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Sahay, Adv. For the Respondent/s : Mr. Lalit Kishor, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2.

16-03-2016 Show-cause has been filed on behalf of Opposite party no. 3, wherefrom it is evident that after adjudicating upon the prayer made on behalf of the petitioner same has been disposed of. Opposite party no. 3 has annexed Annexure-A, copy of the order, wherefrom it is evident that prayer was to be made within one year for refund but, same has been made after one year at the end of petitioner hence found non-maintainable. At the present moment, learned counsel for the petitioner has submitted that the authorities have got no power to forfeit. Because of the fact that under the present petition, the compliance of the order is to be seen not the propriety of the order

Patna High Court MJC No.86 of 2015 (2) dt.16-03-2016 2/2 and for that, petitioner may have different cause. Show-cause is accepted and on account thereof, instant petition is dropped.

(Aditya Kumar Trivedi, J.) Vinita/- U