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Patna High CourtCWJC/6775/2023allowed

Shri Ram Giri v. The State Of Bihar

2023-12-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6775 of 2023 ====================================================== Shri Ram Giri Son of Late Harihar Giri, Resident of Village- Rampur Khajuria P.S.- Dumariaghat Anchal Kesaria Distt.- East Champaran- 845423 ... ... Petitioner/s

Versus

1.

The State of Bihar Department of Land Revenue through its Principal Secretary Bihar Patna.

2.

The State of Bihar Department of Excise and Land Registration through its Principal Secretary Bihar Patna.

3.

Assistant Inspector General Registration, Tirhut Parmandal Muzaffarpur Bihar.

4.

The Collector cum District Magistrate, East Champaran Motihari. 5.

Sub Registrar (Land) Land Registry Office, Kesaria East Champaran at Motihari.

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

For the Petitioner/s :

Mr.Manish Kumar Singh For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-12-2023 Heard the parties.

2. This application has been filed on behalf of the petitioner for quashing the entire proceedings of the Case No. 71 of 2022-23 initiated by Respondent No. 3 under Section 47(A)(3) of the Indian Stamp Act, 1899.

3. It has been an admitted position that Assistant Inspector General Registration, Tirhut Parmandal, Muzaffarpur, Bihar has no power to pass the impugned order dated 06.03.2023 passed in Case No. 71 of 2022-23 initiated under Section 47(A)(3) of the Indian Stamp Act, 1899 read with Sub-

Patna High Court CWJC No.6775 of 2023(3) dt.08-12-2023 2/2 Rule I of Rule IX of Bihar Stamp Undervaluation Redressal Rules, 1994.

4. In view of the jurisdictional error committed by the officer concerned, this application is allowed and the order dated 06.03.2023 passed by Assistant Inspector General Registration, Tirhut Parmandal, Muzaffarpur and the notice dated 15.03.2023 issued by the respondent No. 5 i.e. Sub Registrar (Land) Land Registry Office, Kesaria, East Champaran at Motihari are hereby quashed.

(Sandeep Kumar, J) Vikas/- U