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Patna High CourtCWJC/9543/2018disposed

Baldev Das v. The State Of Bihar And ORS

2022-07-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9543 of 2018 ====================================================== Baldev Das Son of Late Lochan Das, Resident of Village- Gopalpur, P.s.- Sherghati, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Inspector General, Registration Department, Govt. of Bihar, Patna. 3.

Assistant Inspector General, Magadh Division, Gaya. 4.

Sub-Registrar, Sherghati, Gaya.

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

For the Petitioner/s :

Mr.Vinod Gautam, Advocate For the Respondent/s :

Mr.Pushkar Narayan Shahi, AAG-6 Mr. Manish Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2022 Though the present writ petition has been filed for quashing the order dated 19.02.2018 passed by the Divisional Commissioner, Magadh Division, Gaya in Stamp Appeal No. 137 of 2017, which has been dismissed for default on account of the petitioner having not filed the statutory fees before filing the appeal but the learned counsel for the petitioner has submitted that the petitioner is ready to pay the statutory fees, within a period of four weeks from today, hence the aforesaid appeal be directed to be restored and be heard on merits. The learned counsel for the State submits that in case the petitioner pays the statutory fees, as aforesaid, within a period of four weeks from today, the Divisional Commissioner,

Patna High Court CWJC No.9543 of 2018(3) dt.25-07-2022 2/2 Magadh Division, Gaya, shall definitely hear the appeal of the petitioner on merits and shall dispose off the same, in accordance with law.

Accordingly, the present writ petition stands disposed off with liberty to the petitioner to pay the statutory fees within a period of four weeks from today, to be indicated by the office of the Divisional Commissioner, Magadh Division, Gaya, upon the petitioner approaching the said office, along with a copy of the present order, within a period of one week from today. It is needless to state that in case the statutory fees is paid by the petitioner within a period of four weeks, as aforesaid, the aforesaid Stamp Appeal No. 137 of 2017, shall stand restored and shall be heard on merits, whereupon appropriate decision shall be taken, in accordance with law, consequently the aforesaid order dated 19.02.2018 shall stand annulled. (Mohit Kumar Shah, J) S.Sb/- U