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Patna High CourtCWJC/8344/2023allowed

Rajiya Khatoon v. The State Of Bihar

2023-11-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8344 of 2023 ====================================================== Rajiya Khatoon W/o- Ajij Ansari R/o Village- Mansha Tola, P.S.- Bettiah Mufassil, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Prohibition Excise and Registration Department, (Registration), Bihar, Patna. 2.

The Inspector General of Registration, Prohibition Excise and Registration Department, (Registration), Bihar, Patna.

3.

The Commissioner, Tirhut Division, Muzaffarpur, Bihar. 4.

The Assistant Inspector General of Registration, Prohibition Excise and Registration Department, (Registration), Bihar, Patna. 5.

The District Registrar- Cum- Collector- Cum- District Magistrate, West Champaran, Bettiah.

6.

The District Sub- Registrar, Registry Office, Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-11-2023 Heard the parties.

2. This application has been filed for setting aside of the order dated 17.03.2023 passed by the Assistant Inspector General of Registrar, Tirhut Division at Muzaffarpur in Case No. 98 of 2022-23 by which the petitioner was directed to deposit deficit stamp of worth of Rs. 18,79,724 and 18,79,72 as a fine in connection with registered Sale Deed no. 2987, Token No. 3137.

3. It is an admitted position that the Assistant

Patna High Court CWJC No.8344 of 2023(2) dt.22-11-2023 2/2 Inspector General of Registrar, Tirhut Division at Muzaffarpur passed the impugned order dated 17.03.2023 in Case No. 98 of 2022-23 without hearing the petitioner as the notice was issued and served upon petitioner on 23.03.2023 but the order was passed on 17.03.2023.

4. In the interest of justice the impugned order dated 17.03.2023 passed by the Assistant Inspector General of Registrar, Tirhut Division at Muzaffarpur in Case No. 98 of 2022-23 is set aside and the matter is remitted back to the Commissioner, Tirhut Division, Muzaffarpur, Bihar for a fresh decision in accordance with law after hearing the parties. 5.

The petitioner will appear before the Commissioner, Tirhut Division, Muzaffarpur, Bihar on 18.12.2023. On that date, the Commissioner, Tirhut Division, Muzaffarpur, Bihar will fix a date of hearing and thereafter decide the matter after hearing the parties.

6. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Harsh/ U