Abhay Kumar @ Suman Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18512 of 2021 ====================================================== Abhay Kumar @ Suman Jee Son of Late Ganesh Prasad, Resident of Village - Areraj, P.S. - Areraj, District - East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Registrar - Cum - Collector, East Champaran, Motihari. 3.

The Sub Registrar, Areraj, East Champaran, Motihari. 4.

Vaias Pandey, Son of Late Ramjee Pandey, Resident of Village - Goindih, P.S. - Halsidhi, District - East Champaran.

5.

Lalmuni Devi, Wife of Late Shardanand Pandey, Resident of Village - Lauria, P.S. - Govindganj, District - East Champaran. 6.

Ajay Pandey, Son of Late Shardanand Pandey, Resident of Village - Lauria, P.S. - Govindganj, District - East Champaran. 7.

Nitish Pandey, Son of Late Shardanand Pandey, Resident of Village - Lauria, P.S. - Govindganj, District - East Champaran. 8.

Kusum Devi, Wife of Sanjay Sahi, Daughter of Late Shardanand Pandey, Resident of Village - Belbanwa, P.S. - Town, District - Motihari, East Champaran.

9.

Chunchun Devi, Wife of Manish Kumar Singh, Daughter of Late Shardanand Pandey, Resident of Village - Bariyarpur (Chhota), P.S. - Chhitauni, District - Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Advocate For the Respondent/s :

Mr. Dhirendra Kumar, AC to AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-11-2022 After some arguments, the learned counsel for the petitioner, though seeks not to press the present writ petition but seeks liberty on behalf of the petitioner to file a suit before the learned Civil Court having competent jurisdiction, for annulment of the sale deed dated 17.05.2011, pertaining to land situated at Mauza- Areraj, Khata no. 198, 219 and 88, Khesra

Patna High Court CWJC No.18512 of 2021(2) dt.29-11-2022 2/2 no. 236, 237, 340 and 601. Liberty so sought, is granted. Considering the averment of the learned counsel for the petitioner to the effect that the petitioner is still in possession of the land in question, it is directed that status quo existing as on today qua the land in question, shall be maintained for a period of four weeks from today, in order to enable the petitioner to file appropriate suit before the learned civil court and obtain interim relief/ injunction.

The writ petition stands disposed off as not pressed, however, with the aforesaid liberty.

(Mohit Kumar Shah, J) rinkee/- U