Prabhash Chandra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11550 of 2023 ====================================================== Prabhash Chandra Gupta Son of Satish Chandra Gupta, Resident of VillageSakra, Faridpur, P.S.-Sakra, District -Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Inspector General of Registration, Bihar, Patna.

2.

The Commissioner. Tirhut Division, District-Muzaffarpur. 3.

The District Magistrate cum Collector, Muzaffarpur, Bihar. 4.

The Assistant Inspector General of Registration, Tirhut Range, Muzaffarpur. 5.

The District Registrar, Muzaffarpur, Bihar 6.

The District Sub-Registrar, Muzaffarpur, Bihar. 7.

The Sub-Registrar, Sakra, District-Muzaffarpur, Bihar 8.

The Circle Officer, Sakra, District-Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P. N. Shahi, Sr. Advocate Mr.Siddharth Shankar Pandey, Advocate Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr.Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2024 Heard the parties.

2. This application has been filed on behalf of the petitioner for quashing the order dated 10.01.2022 passed by the Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur in Stamp Case No. 18 of 2020-21.

3. This case can be heard and decided on a very short

Patna High Court CWJC No.11550 of 2023(5) dt.29-01-2024 2/3 point. It is the contention of the petitioner that he has not been heard by the Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur in Case No. 18 of 2020-21. From the impugned order, it appears that the show cause of the petitioner was filed but thereafter, the case has not been listed for hearing and the impugned order has been passed without hearing the petitioner.

4. Learned counsel for the State has vehemently opposed the prayer of the petitioner and has submitted that the case of the petitioner has been considered as the authorities has considered the show cause.

5. From the aforesaid discussion, it will appear that the impugned order has been passed in complete violation of the principles of natural justice and therefore, the order dated 10.01.2022 passed in Case No. 18 of 2020-21 is hereby quashed

6. The matter is remitted back to the Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur and he will issue fresh notice to the petitioner and after proper service of notice upon the petitioner, he will hear the petitioner and pass a reasoned order in accordance with law. While passing the order, he will consider all the grounds raised by the petitioner and shall not pass an order which again will burden

Patna High Court CWJC No.11550 of 2023(5) dt.29-01-2024 3/3 this Court in writ jurisdiction.

7. With the aforesaid directions, this writ application stands allowed.

(Sandeep Kumar, J) P. Kumar U