Kishun Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11858 of 2005 ====================================================== Kisun Rai S/O Late Ramashish Rai R/O Village - Ukani Chimanpur , P.O. Chimanpur, P.S. Sheohar, Distt. - Sheohar ... ... Petitioner/s

Versus

1.

The State Of Bihar through Inspector General, Registration Department, Govt. of Bihar, Patna.

2.

The District Magistrate - Cum - Collector, Sheohar 3.

The Sub Registrar, Sheohar 4.

Lalan Rai S/O Late Ram Sakhi Devi & Binda Rai R/O Village - Mohani Mandal, Police Station - Majorganj, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Achal Kumar Sinha, Advocate For the Respondent/s :

Ms. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-12-2021 Petitioner has prayed for the following relief(s):- "(i) Quashing of the order dated 28.05.2005 passed by the learned District Collector in Registration Act case no. 13/2001 by which prayer of the Petitioner for compulsory registration of the sale deed executed by late Ram Sakhi Devi in favour of the Petitioner dated 26.12.2000 was rejected. (ii) Direction to the learned District Collector to look afresh into this matter

Patna High Court CWJC No.11858 of 2005(5) dt.09-12-2021 2/3 considering the facts and circumstances of the case and pass fresh order for compulsory registration of the aforesaid sale deed which was executed and presented before the Registering Officer at Sheohar dated 26.12.2000 in favour of the Petitioner.

(iii) Direction to the Respondent Authorities/ learned Collector to secure appearance/attendance of the legal heir of late Ram Sakhi Devi (Executant of the said sale deed) as also to fix his legal liability and obligation to get registered the said sale deed as title, interest and ownership of the land property in question has passed on to him (legal heir) after the death of Ram Sakhi Devi.

(iv) Any other relief/reliefs for which the Petitioner is found entitled to in the facts and circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to appropriate remedies, as are otherwise available under the law.

Permission granted.

It is made clear that this Court has not expressed any opinion on the merits of the case and all issues are left open. The instant petition stands disposed of as withdrawn with the aforesaid liberty.

Patna High Court CWJC No.11858 of 2005(5) dt.09-12-2021 3/3 Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) Sujit/Ashwini U