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Patna High CourtCWJC/19050/2019disposed

Dr. Krishan Chandra Vidyarthi @ Krishan Chandra Vidyarthi v. The State Of Bihar

2024-01-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19050 of 2019 ====================================================== Dr. Krishan Chandra Vidyarthi @ Krishan Chandra Vidyarthi S/o Yadunandan Rai, R/o Village Gorigama, P.O. and P.S.- Mahua, Sub Division- Mahuwa, Dist.- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through principal Secretary Department of Registration, government of Bihar, New Secretariat, Patna.

2.

The Commissioner, Muzaffarpur.

3.

The Collector, Vaishali.

4.

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

5.

The Sub Registrar, Vaishali.

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

For the Petitioner/s :

Mr.Chandra Kant For the Respondent/s :

Mr.Vivek Prasad ( Gp7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2024 Heard the parties.

2. The petitioner has challenged the order dated 26.03.2019 passed by the Commissioner, Tirhut Division in Stamp Appeal No. 28/2019 by which the appeal has been dismissed on the ground of delay.

3. I have considered the submissions of the learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

4. In the interest of Justice, the order dated 26.03.2019 passed by the Commissioner, Tirhut Division in Stamp Appeal No. 28/2019 is hereby quashed and the Commissioner Tirhut

Patna High Court CWJC No.19050 of 2019(6) dt.29-01-2024 2/2 Division is directed to hear the appeal and decide the same on merits in accordance with law after hearing the parties and after considering the submissions of the petitioner.

5. During the pendency of the appeal, no recovery shall be made from the petitioner if the petitioner co-operates in the appeal.

6. In view of the above, this application is disposed of.

(Sandeep Kumar, J) Saif/- U T