Dinesh Kumar Sharma @ Dinesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7479 of 2024 ====================================================== Dinesh Kumar Sharma @ Dinesh Sharma Son of Late Ram Pratap Sharma, Resident of Village-Korawan, P.S- Naubatpur, District- Patna at Present residing at Naubatpur Bihta Road (Near Post Office), P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Department of Registration and Prohibition, Govt. of Bihar, Bailey Road, Patna, Bihar. 2.

The Additional Chief Secretary, Department of Prohibition, Excise and Registration, Govt. of Bihar, Bailey Road, Patna, Bihar. 3.

The District Magistrate, Patna, District-Patna. 4.

The District Registrar, Patna, District-Patna. 5.

The Sub- Registrar, Bikram, District-Patna.

6.

Awadhesh Singh S/o- Late Saryu Singh, R/o- Korawan, P.S. -Naubatpur, District- Patna.

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha, Advocate For the Respondent/s :

Mr.Birju Prasad, GP-13 Mr.Ajit Anand, AC to GP-13 Ms.Shweta Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) To issue a writ in the nature of certiorari for setting aside the order (which was never brought on record) of rectification of sale deed bearing deed no3001, Zild no-50, page no-258-260 dated 27.04.1974 by which a fresh rectified sale deed came in to existence bearing deed no.1733 dated 27.03.1982 issued by respondent no-4 which is barred by the statute under the Act.

(ii) To issue a writ in the nature of mandamus directing the respondents to present the original sale

Patna High Court CWJC No.7479 of 2024(2) dt.27-06-2024 2/2 deed no- 3001, alongwith order of rectified deed no1733 dated 27.03.1982 in which by committing fraud rectification has been done by the respondent no-6 with connivance of other respondents.

(iii) To direct the respondents to act under the law emanating from Principle of natural justice under Article 14 and 21 of the constitution of India as the petitioner is aggrieved by the above-mentioned rectification.

(iv) To hold and declare that the action of the respondents under challenging cause are irreparable loss to the petitioner.

v) To hold and declare that the action of respondents is against the Rule of law."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned Civil Court having competent jurisdiction, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. Accordingly, the writ petition stands disposed off. (Mohit Kumar Shah, J) Saurav/- U