Madhukant Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7644 of 2017 ====================================================== Madhukant Mishra son of Late Anant Lal Mishra, resident of VillageBahilbara alias Garha, P.S.- Runni Saidpur, Dist- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Inspector General Registration, Government of Bihar, Patna. 3.

The Assistant Registration Inspector General, Tirhut Division, Muzaffarpur. 4.

The Sub Registrar, Belsand, Dist- Sitamarhi.

5.

The Collector, Sitamarhi.

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

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh, Adv.

For the Respondent/s :

Mr.Manish Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2019 The present writ petition has been filed, seeking to challenge the order 17.12.2016 passed by the Assistant Inspector General, Registration, Tirhut Division, Muzaffarpur in Case No.90 of 2016, whereby and whereunder the petitioner has been directed to pay the deficit stamp duty within 60 days failing which the interest at the rate of 5% would be leviable. The petitioner also seeks quashing of the order dated 30.03.2017 issued by the Sub-Registrar, Belsand directing the petitioner to deposit the deficit stamp duty of Rs. 1,68,300/- and fine of Rs. 16.830/- as also registration fee of Rs.56,100/-. The learned counsel for the petitioner seeks to

Patna High Court CWJC No.7644 of 2017(3) dt.01-08-2019 2/2 withdraw the present writ petition with liberty to prefer an appeal against the aforesaid impugned order dated 17.12.2016. Accordingly, the writ petition stands disposed of as withdrawn with liberty to the petitioner to file the requisite appeal and in case an appeal is filed within a period of four weeks from today, the same shall be considered on merits by the appellate authority in view of the fact that the writ petition was pending before this Court for a long time.

It is further directed that for a period of four weeks from today, no coercive steps shall be taken against the petitioner in pursuance of the impugned order dated 17.12.2016 passed in case No. 90 of 2016 by the Assistant Registration Inspector General, Tirbut Division, Muzaffarpur. (Mohit Kumar Shah, J) Tiwary/- U