Patna High CourtCWJC/16441/2016disposed

Jay Gopal Singh v. The State Of Bihar And ORS

2017-12-12Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16441 of 2016 ====================================================== Jay Gopal Singh, S/o- Late Suryanarayan Singh, Resident of MohallaBadheya Chauk, P.S.- Pipiganj, District- Gorakhpur (Uttar Pradesh). .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Excise and Registration, Government of Bihar, Patna.

2. The Inspector General, Registration, Bihar, Patna.

3. The Assistant Inspector General, Registration, Department of Excise and Registration, Government of Bihar, Patna.

4. The District Registrar, District Registration Office, Siwan.

5. The Sub Registrar, Sub Registration Office, Sadar, Siwan.

6. The Certificate Officer, Siwan.

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

For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv. Mr. Ram Pravesh Nath Tiwari, Adv.

For the Respondent/s : Mr. Brajesh Kumar, AC to AAG -4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

A supplementary counter affidavit has been filed on behalf of the respondent nos. 4 to 6 in which they have placed before this Court a true copy of the circulars as contained in letter no. M-1-1-119/2005-2015 dated 20.05.2006 by which the Assistant Inspector General (Registration) has been given the power to pass orders under Section 47(1) of the Indian Stamp Act. It is, thus, submitted that the petitioner now has alternative remedy and can avail the same rather than assail the

Patna High Court CWJC No.16441 of 2016 (8) dt.12-12-2017 2/2 impugned order before this Court.

As such, learned counsel for the petitioner prays for liberty to withdraw the present writ application with liberty to pursue his alternative remedy before the appropriate authority which will be duly considered and decided in accordance with law. The delay caused in filing the said appeal would, however, stand condoned in view of the fact that he had been pursuing the writ application.

The writ application, thus, stands disposed of as withdrawn with the liberty aforementioned.

(Anjana Mishra, J) Jagdish/- U