Patna High CourtCWJC/22199/2013disposed

Sudhir Kumar Gupta And ORS v. The State Of Bihar And ORS

2015-11-23Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22199 of 2013 ======================================================

1. Sudhir Kumar Gupta, Son of Laxmi Narayan Gupta

2. Sujit Kumar Gupta, Son of Laxmi Narayan Gupta

3. Vijay Kumar, Son of Laxmi Narayan Gupta

4. Vikash Kumar, Son of Laxmi Narayan Gupta All are residents of Mohalla- Ramana Road Gaya, P.S.- Civil Line Gaya, District- Gaya .... .... Petitioners

Versus

1. The State of Bihar through the Secretary-Cum-Inspector General of Registration, Bihar Patna

2. The Secretary-Cum-Inspector General of Registration, Bihar Patna

3. The Assistant Inspector General of Registration, Magadh Division Gaya

4. The Collector-Cum-District Registrar Gaya

5. The District Sub-Registrar Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishore Prasad Singh For the Respondent/s : Mr. Parth Sharthi ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 23-11-2015 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners submits that even without serving notice on them, the impugned order has been passed. He thus submits that there has been violation of principles of natural justice.

Counsel for the State submits that there is an alternative remedy under Section 47A(iv) of the Indian Stamp Act before the Commissioner, Magadh Division, Gaya. Having regard to the submissions of the parties, this

Patna High Court CWJC No.22199 of 2013 (4) dt.23-11-2015 2 / 2 writ application is disposed of with liberty to the petitioners to move before the learned Commissioner under Section 47A(iv) of the Indian Stamp Act. In case, if any such appeal / revision is filed within a period of one month, the same would be disposed of on its own merit considering the ground mentioned in the order. It will be open for the petitioners to take any other ground, which would be available under the law.

This writ application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U