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Patna High CourtCWJC/10290/2024disposed

Javed Ali Akhtar @ Jawed Ali v. The State Of Bihar

2024-08-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10290 of 2024 ====================================================== Javed Ali Akhtar @ Jawed Ali Son of Late Haidar Ali @ Haidar Ali Ansari, Resident of Village -Ward No.14, Shastri Nagar, P.S - Bagaha, District -West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Registration Excise and Prohibition Department, Govt. of Bihar, Patna. 2.

The Inspector General of Registration, Registration Excise and Prohibition Department, Govt. of Bihar, Patna 3.

The Assistant General of Registration Muzaffarpur, Registration Excise and Prohibition Department, Govt. of Bihar, Patna. 4.

The Commissioner, Tirhut Division, Muzaffarpur. 5.

The District Registrar cum Registry Office West Champaran, Bettiah. 6.

The District Sub-Registrar, West Champaran, Bettiah. 7.

Kuyum Ansari, S/o Late Wajid Ali, Resident of Village- Ward No.32, Ratan Mala, P.S - Bagaha, District - West Champaran. 8.

Ruksana Pravin @ Ruksana Praveen, W/o Fakhrul Hasan, Resident of Village- Naraipur Tola Shastrinagar, P.S - Bagaha, District - West Champaran.

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

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra, Advocate For the Respondent/s :

Mr.Government Pleader 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024 The present writ petition has been filed seeking the following reliefs:- "1. That the present application is being filed for issuance of an appropriate Writ / Order / Direction upon the Respondent Authorities for declaring the Sale Deed executed in the name of the Respondent No.7 to be illegal / invalid in the light of Bihar Registration (Second Amendment) Rules 2019.

1/A. The Petitioner further prays issuance of an appropriate writ / order / direction upon the official Respondent

Patna High Court CWJC No.10290 of 2024(2) dt.01-08-2024 2/2 Authorities to restrain the Private Respondent from taking any action over the land of the Petitioner till the disposal of the present Writ Application by maintaining status quo.

1/B. The Petitioner further prays for issuance of an appropriate writ / order / direction upon the Respondents No. 2 and 5 for cancellation of the Sale Deed of the private Respondent which has been illegally executed ignoring the Bihar Registration (Second Amendment) Rules 2019."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U