Bharat Kumar Sultaniya And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12093 of 2017 ======================================================

1. Bharat Kumar Sultaniya, Son of Sri Badri Ram, Resident of Village- Puraini, Block/Anchal- Puraini, District- Madhepura.

2. Smt. Pinki Devi @ Uma Devi, Wife of Sri Bharat Kumar Sultaniya, Resident of Village- Puraini, Block/Anchal- Puraini, District- Madhepura.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Revenue, Land Reforms Department, Government of Bihar, Patna.

2. The Assistant Inspector General of Registration, Koshi Division, Saharsa.

3. The Divisional Commissioner, Koshi Division, Saharsa.

4. The District Magistrate-Cum-Collector, Madhepura.

5. The Registrar, Registrar office, Madhepura.

6. The Registrar, Sub-Registry Office, Udakishunganj, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Adv.

For the Respondent/s :

Mr. P.N.Shahi, AAG6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2018 Heard Mr. Shekhar Kumar Singh, learned counsel for the petitioner and learned AC to AAG-06 for the respondentState. The present writ application has been filed for quashing the order dated 16.05.2015, passed by Respondent No.2, Assistant Inspector General, Registration, Koshi Division, Saharsa, in Reference Case No. 05 of 2014, as contained in Annexure 8, whereby the minor son of the petitioner no.1, Suraj Kumar Sultania @ Kallu, has been directed to submit deficit stamp duty to the tune of Rs. 28,800/- along with the penalty to the tune of Rs. 2,880/-. Further prayer has been made to quash

Patna High Court CWJC No.12093 of 2017(2) dt.01-10-2018 2/3 the order dated 20.05.2015, passed by Respondent No.2, Assistant Inspector General, Registration, Koshi Division, Saharsa, in Reference Case No.02 of 2014, as contained in Annexure 8/A, whereby the minor son of the petitioner no.1, Suraj Kumar Sultania @ Kallu, has been directed to submit deficit stamp duty to the tune of Rs. 58,740/-, along with the penalty to the tune of Rs. 5,874/-. Further prayer has been made to quash the order dated 26.05.2015, passed by Respondent No.2, Assistant Inspector General, Registration, Koshi Division, Saharsa, in Reference Case No.03 of 2014, as contained in Annexure 9, whereby the petitioner no.2, has been directed to submit deficit stamp duty to the tune of Rs. 59,040/- along with the penalty to the tune of Rs. 5,904/-.

After some argument learned counsel for the petitioner seeks permission to withdraw the present writ application to file appeal before appropriate forum. Permission is accorded.

If such appeal is filed within a period of four weeks from the date of receipt/production of a copy of this order along with an application for condonation of delay, then it is expected from the appellate authority to consider the same within a period of four weeks of its filling, keeping in view the fact that the

Patna High Court CWJC No.12093 of 2017(2) dt.01-10-2018 3/3 present writ application was pending before this Court. Accordingly, the present writ application is dispose of as withdrawn with the aforementioned liberty to the petitioner. (Dinesh Kumar Singh, J) Amrendra/- U