Reyaz Ahmad @ Reaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16544 of 2019 ====================================================== Reyaz Ahmad @ Reaz Ahmad Son of Late M. Sayeed @Md. Sahid, Resident of Bettiah Town, Mohalla- Naya Tola, Ward No. 15, P.O. and P.S. Bettiah, District- West Champaran.

... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The Assistant Inspector General of Registration, Department of Registration, Tirhut Division, Muzaffarpur.

4.

The Collector, West Champaran, Bettiah.

5.

The District Sub-Registrar, Bettiah, West Champaran. 6.

The Certificate Officer, Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate Mr. Kundan Kumar, Advocate Mr. Ayush Kumar, Advocate Mr. Kanisht Kaustubh, Advocate Mr. Shikhar Mani, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-12-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.16544 of 2019 dt.08-12-2022 2/3 We find the impugned order dated 10.05.2016 passed by Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur in Reference Case No. 42/14-15 (Annexure-2, Page-19), to have been passed without complying with the principles of natural justice. No notice or opportunity of hearing was afforded to the petitioner. The order entails civil and penal consequences.

As such, we quash and set aside the impugned order dated 10.05.2016 passed by Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur in Reference Case No. 42/14-15 (Annexure-2, Page-19).

Liberty reserved to the respondents/Registration

Patna High Court CWJC No.16544 of 2019 dt.08-12-2022 3/3 Authority, constituted under the Indian Stamp Act, 1899, to initiate appropriate action against the petitioner, in accordance with law.

The instant petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 09.12.2022 Transmission Date