Sunaina Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10320 of 2013 ====================================================== Sunaina Devi Wife Of Shree Uma Shankar Sharma Resident Of Village - Diwan Take, Police Station - Ganga Bridge, District - Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Registration Department, Government Of Bihar

3. The District Magistrate-Cum-District Registrar Muzaffarpur

4. The Sub-Registrar Muzaffarpur Sadar, Muzaffarpur

5. Jasi Thakur Son Of Late Jhagru Thakur Resident Of Village And P.O. - Dharmpur, Police Station - Veenapur, District - Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra naryan, Sr. Counsel Mr. Alok Ranjan, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-08-2015 Sri Rajendra Narayan, learned senior counsel, who was assisted by Mr. Alok Ranjan, learned counsel for the petitioner, has raised a limited prayer for directing the appellate authority i.e. the District Magistrate -cum-District Registrar, Muzaffapur, to finally dispose of the Appeal preferred by the petitioner vide Refusal Order No. 02 of 2011. He submits that against the refusal of registration of sale deed, the petitioner had preferred an Appeal in the year 2011 itself. However, till date, Appeal has not been disposed of.

In this case a counter affidavit has also been filed on behalf of the respondent no. 1 to 4 and in the counter affidavit fact

Patna High Court CWJC No.10320 of 2013 (2) dt.04-08-2015 2/2 regarding pendency of the Appeal has been accepted by the respondents. The counter affidavit was filed in the month of December, 2013 and in paragraph no. 9 of the counter affidavit it was indicated that next date of hearing was fixed for 29.11.2013. Since a genuine prayer has been made by learned senior counsel for the petitioner, there is no reason to refuse the same. Accordingly, the writ petition stands disposed of with an observation that the District Magistrate- cum- District Registrar, Muzaffarpur may take final decision in the Appeal preferred by the petitioner vide Refusal Order No. 02 of 2011 expeditiously preferably within a period of three months from the date of receipt / production of a copy of this order.

The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U