Patna High CourtCWJC/17119/2017disposed

Lok Nath Lal And ORS v. The State Of Bihar And ORS

2018-03-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17119 of 2017 ======================================================

1. Lok Nath Lal, Son of Late Ragho Lal

2. Dinesh Kumar

3. Diwakar Kumar

4. Naresh Kumar All sons of Sri Lok Nath Lal and all Residents of Barh, Sadar Bazar, Police Station- Barh, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar represented through the Chief Secretary, Government of Bihar, Patna.

2. The I.G. Registration, Government of Bihar, Patna.

3. The District Magistrate-cum- District Registrar, Patna.

4. The District Sub- Registrar, Sadar Patna.

5. Dr. Abdul Moiz, son of Late Hazi Md. Shamsuzzoha, Resident of Sabalpur, Police Station, Didarganj, District- Patna at present residing at Alain Shiv, Hamdard Nagar, A, Aligarh, Utter Pradesh.

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

For the Petitioner/s :

Mr. Dilip Kumar, Adv.

For the Respondent/s :

Mr. Manish Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-03-2018 Heard learned Counsels for the petitioners and the respondent-State.

Though the Writ application was registered on 20.11.2017, but till date no counter affidavit has been filed, this Court is not inclined to adjourn the matter any further.

The present Writ application has been filed for a direction to the respondent no.3, the District Magistrate-cum-District Registrar, Patna to dispose of the Registration Appeal No.01 of 2013-14, filed by the petitioner on 27.06.2013, as contained in Annexure-5, challenging the order of the District Sub-Registrar,

Patna High Court CWJC No.17119 of 2017(2) dt.22-03-2018 2/2 Patna, dated 29.05.2013, passed in Case NO.01 of 2013, as contained in Annexure-4, whereby, the registration of the petitioner's sale deed has been refused on the ground of nonappearance of the executor. It is submitted by learned AC to AAG-6 that at present he is not having any instruction whether the appeal, preferred by the petitioner, has been disposed of or not, but if it has not been disposed of, the same will be disposed of within a time frame. In the circumstances, the respondent no.3, the District Magistrate-cum-District Registrar, Patna is expected to dispose of the Registration Appeal No.01 of 2013-14, filed by the petitioner on 27.06.2013, as contained in Annexure-5, within a period of eight weeks on receipt/production of a copy of this order.

The Writ application is, accordingly, disposed of with the direction aforementioned.

(Dinesh Kumar Singh, J) Ashwini/- U