Narayan Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21209 of 2018 ====================================================== Narayan Sah S/o Late Shivdhan Sah R/o Village-Jajhat Majarhat Sabela,Ward No.11,P.S. Singheshwar,Distt.-Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principl Secreary,Registration,Excise and ProhibitionDeptt.,Govt. of Bihr,Patna 3.

I.G. Registration,Bihar,Patna 4.

The Collector cum-District Registrar,Madhepura 5.

The District Sub-Registrar,Madhepura 6.

Parwati Devi W/o Ram Nr. Sah R/o Jajhat Sabaila,Ward No.11,P.S. Singheshwar,Distt.-Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Goutam, Advocate For the Respondent/s :

Mr.Anil Kr.Sinha -Ga1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-09-2024

1. Though the present petition has been filed for quashing the order dated 09.08.2018, passed by the District SubRegistrar, Madhepura, whereby and whereunder he has refused to register the sale deed, executed by the petitioner in favor of the private respondent no.06, on the ground that an order of status quo is operating, in connection with Title Suit No.98 of 2012, qua the property in question, passed by the learned Court of Sub-Judge-III, Madhepura, however, at the outset, the learned counsel for the petitioner has produced an order dated 28.07.2022, passed by the learned Court of Sub-Judge-III,

Patna High Court CWJC No.21209 of 2018(3) dt.25-09-2024 2/2 Madhepura, whereby and whereunder, the aforesaid title suit has been dismissed as withdrawn, however, with a liberty to the plaintiff of the said title suit to file a fresh suit.

2. In view of the aforesaid, it is submitted by the learned counsel for the petitioner that there is no impediment in registration of the instrument in question.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the District-Sub-Registrar, Madhepura and file appropriate representation, enclosing a certified copy of the order dated 28.07.2022, as aforesaid, which shall be examined and a final decision shall be taken with regard to registration of the instrument in question, by the District Sub-Registrar, Madhepura, within a period of six weeks of filing of the aforesaid representation by the petitioner.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U