Chandan Kumar Garodia v. The State Of Bihar Through The Principal Secretary, Revenue And Land Reforms Department
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1667 of 2025 In Civil Writ Jurisdiction Case No.6109 of 2024 ====================================================== Chandan Kumar Garodia Son of Late Onkar Mall Garodia, Resident of Ward No.30, Gali No.1, Near Hospital Chowk, Sri Krishna Nagar, Police Station Town (Motihari), District- East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department Government of Bihar, Patna. 2.
The Divisional Commissioner, Muzaffarpur.
3.
The Inspector General, Registration, Prohibition and Excise Department, Govt. of Bihar, Patna.
4.
The Collector, East Champaran, Motihari.
5.
The Additional Collector, East Champaran, Motihari. 6.
The District Registrar, Motihari, East Champaran. 7.
The District Sub-Registrar, District Registry Office, Motihari, East Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :
Mr. Government Advocate 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned AC to G.A.-2.
2. Learned counsel appearing on behalf of the petitioner submits that petitioner had approached this Court by filing CWJC No.6109 of 2024 with a prayer for a direction upon the Collector, East Champaran, Motihari to remove the restriction on the registration of sale deeds already executed by the petitioner or to be executed in respect of the land detailed
Patna High Court MJC No.1667 of 2025(5) dt.05-12-2025 2/3 hereunder which having already been exempted/excluded from the ceiling proceeding bearing Land Ceiling Case No.01 of 1996-97 initiated against Shri Hanuman Sugar & Industries Limited, Motihari vide an order dated 28.06.1999, passed by the Additional Collector (Land Ceiling) Motihari. Further, to direct the respondents to allow registration of sale deeds already executed or to be executed in favour of the respective purchasers by the petitioner in respect of the land as described in the writ application.
3. Learned counsel for the petitioner submits that CWJC No.6109 of 2024 was allowed by an order dated 08.04.2025. It is next submitted that the instant modification application has been filed seeking modification of certain lines in Para-9 of the order dated 08.04.2025 in CWJC No.6109 of 2024. It is next submitted that from perusal of 22nd line of Para-9 of the order dated 08.04.2025, it would manifest that the same records:- "It is further submitted that this Court by an order dated 07.04.2025 in CWJC No.4532/2024 (Ramcast Limited vs. the State of Bihar & Others) had allowed the writ application for reasons stated therein with respect to 18 sale deeds which Ramcast Limited had executed with respect to their purchased land for being sold to different purchaser." Learned counsel for
Patna High Court MJC No.1667 of 2025(5) dt.05-12-2025 3/3 the petitioner next submits that it absolutely does not stand to reason that as to why restriction has been put on registration of sale deed when the law is clear that a purchaser either purchases property or litigation and if someone is interested in purchasing the property of the petitioner, the State should have no objection. It is submitted that in line 26, "18 sale deeds" has been recorded when it ought to have been "18 plots", as described at Para-1(ii) of the writ application.
4. The learned State Counsel does not object to the said submission rather fairly submits that petitioner at Para-1(ii) of the writ application has given description of the 18 plots.
5. After hearing the learned counsel for the parties, the 26th line of Para-9 of the order dated 08.04.2025 is modified to read as "therein with respect to 18 plots which Ramcast Limited had executed with respect to their purchased land for being sold to different purchaser.
6. The modification application is allowed.
(Satyavrat Verma, J) Sanjay/- U T