Ahmadi Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9694 of 2022 ====================================================== Ahmadi Khatoon Wife of Hasibur Rahman, Resident of Village- Chauki Mohna, P.S. - Kadwa, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Chief Secretary Department of Registration, Government of Bihar, Patna.

2.

Inspector General of Registration, Department of Registration, Government of Bihar, Patna.

3.

Collector cum District Registrar, Katihar.

4.

Sub-Registrar, Barsoi, Katihar.

5.

Circle Officer, Kadwa Circle, Katihar.

6.

Bibi Bilhani wife of late Abdul Latif, Resident of Village Chouki Mohana, P.O.- Chouki Haripur, P.S. Kadwa, Dist- Katihar. 7.

Abul Hayat, son of late Abdul Latif, Resident of Village Chouki Mohana, P.O.- Chouki Haripur, P.S. Kadwa, Dist- Katihar. 8.

Aarif, Son of late Abdul Latif, Resident of Village Chouki Mohana, P.O.- Chouki Haripur, P.S. Kadwa, Dist- Katihar.

9.

Bibi Ashmati Khatoon, Daughter of Late Abdul Latif, Wife of Ramjaan Ali, Resident of Village Chouki Mohana, P.O.- Chouki Haripur, P.S. Kadwa, Dist- Katihar.

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Respondent/s :

Mr.Pawan Kumar (A.C. To A.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2022 The present writ petition has been filed seeking the following relief:- "1. That this application on behalf of the petitioners above named, is for issuance of a writ in the nature of mandamus and / or any other appropriate writ or writs, order (s) or direction (s), to the respondent no.4

Patna High Court CWJC No.9694 of 2022(2) dt.14-12-2022 2/3 Sub- Registrar, Barsoi, Katihar to make necessary correction in the stop list maintained by the respondent no.4 on information given by respondent no.5, Circle Officer, Kadwa, Katihar, for not registration of lands in respect of lands situated at mauza Nandanpur, Khata No. 17, Plot No. 598, which has been Area- 63 decimals which is recorded as the private raiyati land but Circle Officer, Kadwa mentioned the said land in stop list for not transferring lands through a registered sale deed and further direct the respondent no.4, SubRegistrar of Barsoi, to accept the sale deed and Challan dated 20.11.2017 of Rs. 31,090/- deposited by petitioner for payment of stamp duty on impression of document, fee for registry document and land lord revenue and processing fee through e-challan which was valid only up to 05.12.2017."

At the outset, the learned counsel for the respondentState has referred to paragraph no.6 of the counter affidavit, filed in the present case to submit that the matter has been examined and it has been found that the land of the petitioner in question is raiyati land, hence, the same has been taken out from the "stop list", thus the petitioner is free to submit the sale deed

Patna High Court CWJC No.9694 of 2022(2) dt.14-12-2022 3/3 in question for registration.

At this juncture, the learned counsel for the petitioner submits that the stamp duty already paid by the petitioner, be directed to be utilized for the purposes of registration of sale deed in question. It is directed accordingly. The writ petition stands disposed off in terms of the aforesaid submission made by the Ld. Counsel for the respondent-State.

(Mohit Kumar Shah, J) S.Sb/Saurav U