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Patna High CourtCWJC/20407/2021disposed

Syed Qumar Abbas @ Syed Kamar Abbas v. The State Of Bihar

2023-03-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20407 of 2021 ====================================================== Syed Qumar Abbas @ Syed Kamar Abbas S/o Late Syed Sabbir Hassan, R/o Mohalla - Brahmpura, Mehdi Hassan Chowk, P.S. - Brahampura, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Inspector General Registration Department of Prohibition Excise and Registration Bihar, Patna.

3.

The District Registrar-Cum-District Collector, Muzaffarpur. 4.

The District Sub-registrar, Muzaffarpur, District - Muzaffarpur. 5.

The Additional Collector (Revenue), Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad, Adv.

For the State :

Mr. Manish Kumar, AC to AAG-5 For the Respondent No. 3:

Mr. Pranav Kumar, Adv.

For the Respondent No. 5:

Mr. Sanjeev Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-03-2023 In pursuance to the earlier order of this Court dated 13.3.2023, the learned District Magistrate, Muzaffarpur, is present in the Court and has submitted that the State is taking steps to assail the judgment dated 18.12.2015, passed by the learned IXth Additional District Magistrate, Muzaffarpur in Title Appeal No. 8 of 2015, however, subject to result of the appeal to be filed by the Respondents and subject to the aforesaid judgment dated 18.12.2015 being annulled by a higher Court of law, the instrument in question shall be registered provisionally within a period of four weeks from today.

Patna High Court CWJC No.20407 of 2021(5) dt.21-03-2023 2/2 It is needless to state that whatever rent is outstanding for payment to the Respondent State, for the interregnum period, the petitioner would be liable to pay the same and only then, the provisional registration shall be carried out. It is further held that any action taken or order passed qua the petitioner, pursuant to the aforesaid judgment dated 18.12.2015, shall stand annulled.

The writ petition stands disposed off with the aforesaid observations and directions.

(Mohit Kumar Shah, J) Ajay/- U