Manoj Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.600 of 2014 =========================================================== Manoj Tiwary S/O Sri Gorakh Tiwary, R/O Belsand, P.S. Barauli, District - Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar Through Chief Secretary, Bihar, Patna

2. The Secretary Nibandhan, Utpad Awam Madh Nisedh Vibhag, Patna

3. The District Magistrate, Cum - Registrar, Patna

4. The District Sub Registrar, District Registry Office, Gopalganj

5. The Additional Collector, Gopalganj

6. The District Sub Registrar, Gopalganj

7. The Department of Finance Through Secretary, Bihar, Patna .... .... Respondent/s ======================================================= Appearance :

For the Petitioner/s : M/s Prabhakar Dwivedi, Sanjay Pandey, Ashutosh Tripathkli For the Respondent/s : Mr. Lalit Kishore, PAAG Mr. Ranjeet Kumar =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-03-2015 This writ petition is filed in public interest with a prayer to direct the respondents to establish the office of SubRegistrar at Barauli in Gopalganj district instead of Mohammadpur. The petitioner contends that Barauli is better suited in the context of establishment of the office of Sub-Registrar and the Blocks of Sidhwalia and Baikunthpur would also be benefited on account of this. In the Annexure, the relevant particulars are mentioned.

On behalf of the respondents a detailed counter affidavit has been filed. It is stated that the matter concerning the establishment of a new office of the Sub-Registrar in Gopalganj district was taken up way back in 2010 by the Collector, Gopalganj

Patna High Court CWJC No.600 of 2014 dt.02-03-2015 2/2 and after examining various parameters that are applicable in this behalf, Mohammadpur was selected. It is stated that Mohammadpur fits into all parameters, whereas Barauli does not satisfy the requirements.

Heard Sri Prabhakar Dwivedi, learned counsel for the petitioner and Sri Lalit Kishore, learned Principal Additional Advocate General representing the State.

The Government has stipulated certain parameters for identifying the location, in the context of establishing an office of the Sub-Registrar. The number of transactions, value thereof, the distance between the proposed place and the existing Sub-Registrar's office are some of the relevant factors. If one takes into account, these aspects, Mohammadpur has an advantage. Even according to the petitioner, Barauli would become viable if only the statistics of the Blocks of Sidhwalia and Baikunthpur are added. At any rate, the Sub-Registrar's office has been established at Mohammadpur and it is functioning since past one year. Therefore, we do not find any basis to interfere in the matter.

The writ petition is dismissed.

There shall be no order as to costs.

Interlocutory Application, if any, shall stand disposed of.

(L. Narasimha Reddy,CJ) (Vikash Jain, J) mrl U