Sunil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.293 of 2018 ====================================================== Sunil Kumar Son of late Jay Narayan Sao Resident of Mohalla- Station Road, Fatuha, P.S. Fatuha, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department of Urban & Housing Development .

2. The Principal Secretary, Department of Urban & Housing Development , Govt. of Bihar, New Secretariat, Patna.

3. The Registrar General of Bihar, New Secretariat, Patna.

4. The Commissioner, Patna.

5. The District Magistrate-Cum-Collector, Patna.

6. The Inspector of Registration, Patna Registration Office, Patna Collectorate, Patna.

7. The District- Sub- Registrar, Chhajju Bagh, Patna- 100001

8. The Sub -Registrar, Patna City, Patna.

9. Smt. Sudama Devi Wife of Late Bulkan Prasad

10. Ranjeet Kumar

11. Arjun Kumar Both Sons of late Bulkan Prasad Respondent Nos. 9 to 11 are residents of People Co-operative Colony, Block -A Kankarbagh , P.S.- Kankarbagh, District- Patna.

12. Ravi Shankar Kumar, S/o- Karu Prasad, Village- Raipura Kewalatal, P.S.- Fathua, District-Patna.

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Respondent/s :

Mr. Pravin Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 11-09-2018 Heard Mr. Shailendra Kumar Jha, learned Counsel for the petitioner and Mr. Pravin Kumar, learned AC to AAG-6 for the respondent-State.

In view of the nature of order this Court intends to pass, this Court is neither inclined to adjourn the matter nor inclined to issue notice to private Respondent Nos. 9 to 12 The present Writ application has been filed for a

Patna High Court CWJC No.293 of 2018 dt.11-09-2018 2/3 direction to the respondent authorities to cancel the two sale deeds being Sale Deed Nos. 7289, dated 16.08.2016 and 9079 dated 18.08.2016 executed by Sudama Devi, Ranjeet Kumar and Arjun Kumar in favour of Respondent No.12 Ravi Shankar Kumar. Other grievance of the petitioner is that the instrument in question (sale deeds) have been grossly under valued. However, learned counsel for the petitioner is not pressing the first prayer with regard to setting aside the registered sale deeds with a liberty to approach the competent Civil Court for redressal fo his grievance.

So far as second prayer with regard to instrument under valued is concerned, the petitioner has submitted representation before the Commissioner, Patna Division, Inspector General, Registration, Govt of Bihar, Patna, Collector, Patna and the Sub-Registrar, Patna City on 02.08.2017, 20.02.2017, 08.03.2017 and 19.04.2017 respectively, as contained in Annexure- 4 and 5 series, but the same has not been disposed of till date.

In the circumstances, in view of the confined prayer of the petitioner, the Respondent Nos.5 and 8 the Collector, Patna and the Sub-Registrar, Patna City is expected to dispose of the representations dated 19.04.2017, 20.02.2017, as

Patna High Court CWJC No.293 of 2018 dt.11-09-2018 3/3 contained in Annexure-5 series with a reasoned order, within a period of three months, by giving due opportunity of hearing to all affected persons in accordance with law.

The Writ application is, accordingly, disposed of with the observation aforesaid.

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