Gayatri Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2125 of 2018 ====================================================== Gayatri Devi, W/o- Sri Awadh Bihari Singh, resident of Village- Morcha, P.O.- Jagdishpur, P.S.- Jagdishpur, District- Bhojpur (Bihar). ... ... Petitioner

Versus

1. The State of Bihar.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Principal Secretary, Department of Registration, Excise & Prohibition, Govt. of Bihar, Patna.

4. The Assistant Inspector General of Registration, Patna Division, Patna.

5. The District Sub Registrar, Ara (Bhojpur). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Tiwary, Adv.

For the Respondent/s :

Mr. P.N. Shahi, AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-08-2018 The present writ application has been filed for quashing the order dated 26.12.2017, passed by Respondent No. 4, the Assistant Inspector General of Registration, Patna Division, Patna in Case No.199 of 2017, whereby the petitioner has been directed to deposit deficit stamp fee along with penalty to the tune of Rs. 12,30,844/- and interest at the rate of 5% per month of the said amount in case of delay in payment. I.A. No. 5753 of 2018 The aforementioned Interlocutory Application has been filed with a prayer for amendment of prayer to the extent

Patna High Court CWJC No.2125 of 2018(2) dt.29-08-2018 2/3 for quashing the proceeding of Certificate Case No. 02 of 2018, pending before the Court of District Auction Officer, Bhojpur. Learned counsel for the respondent-State is not having any objection if the Interlocutory Application is allowed to the extent of amendment of prayer.

Accordingly, I.A. No. 5753 of 2018 is allowed to the extent of amendment of prayer.

Learned counsel for the petitioner after some argument, seeks permission to withdraw the present writ application with liberty to prefer appeal before the appropriate appellate authority.

Permission is accorded.

Accordingly, the present writ application is dismissed as withdrawn.

If such appeal is filed along with an application for condonation of delay in filing the appeal within a period of three weeks from the date of receipt/production of a copy of this order, the Appellate Authority may consider the same in accordance with law, keeping in view that the writ application was pending before this Court.

For next three weeks, after receipt of this order the status quo with regard to demand of the said amount, as existing

Patna High Court CWJC No.2125 of 2018(2) dt.29-08-2018 3/3 today, would be maintained.

(Dinesh Kumar Singh, J) Amrendra/Deepak/- U