Ahmar Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2976 of 2025 In Civil Writ Jurisdiction Case No.324 of 2018 ====================================================== Ahmar Rahman Son of Ashfaque Rahman Resident of Pent House, Federal Plaza Apartment, Federal Colony, P.O. and P.S.- Phulwarisharif, DistrictPatna. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Sri Thyagarajan SM, the Assistant Registration Inspector General, Patna Division.
3.
Ms. Arpana, Sub Registrar, Phulwarisharif, Patna, P.O. and P.S.- Phulwarisharif, District- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Giri, Sr. Advocate :
Mr. Harsh Vardhan, Advocate :
Mr. Harsh Raj, Advocate :
Mr. Chetan Anand, Advocate For the Opposite Party/s :
Mr. Additional Advocate General 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 13-02-2026 Heard learned Senior Counsel appearing for the petitioner and learned counsel for the Respondent-State.
2. This application has been filed on behalf of the petitioner for initiating contempt proceedings against the opposite parties, alleging wilful and deliberate disobedience in compliance of the order dated 23.07.2025 passed in CWJC No. 324 of 2018.
3. For ready reference, the operative part of the order dated 23.07.2025 passed in CWJC No. 324 of 2018 is quoted hereinbelow for needful:- "12. For the reasons as stated
2/5 hereinabove, this Court finds that the reference made by the SubRegistrar, Phulwarisarif, Patna under Section 47A(1) of the Indian Stamp Act on 02.11.2017 to the Assistant Inspector General/Collector for determination of proper market value of the property in question and the duty payable thereon after the property stood registered and sale deed stood executed on 30.10.2017 is completely illegal and without jurisdiction and hence the impugned order dated 22.04.2019 passed by the Assistant Inspector General in Case No.403 of 2017 (Annexure10 to the supplementary affidavit filed by the petitioner) is hereby quashed/set aside. Consequently, Letter No.2468 dated 02.11.2017 (Annexure-1) issued by the respondent no.2 as well as the entire proceeding bearing Stamp Duty No.403/ 2017 also stands set aside and the respondent no.2 is directed to deliver the accomplish deed of registration of the subject land to the
3/5 petitioner within 15 days from the date of passing of this order."
4. In compliance of the order dated 23.07.2025 passed in CWJC No. 324 of 2018, the respondent no. 2, Sub-Registrar, Phulwarisharif, Patna who is O.P. No. 3 in this case was directed to deliver the accomplished deed of registration of the said land to the petitioner within fifteen days from the date of passing of the said order.
5. A show-cause was filed on behalf of O.P. No. 3 and in the said show-cause, following statement has been made in paragraph nos. 6 and 7 which is quoted hereinbelow for the needful:- "6. That in light of the order datedpassed by the Hon'ble Court, the sale deed of the petitioner which was presented for registration vide token no.- 8638/2017 has been registered on 13.09.2025 by the Sub-Registrar, Phulwarisharif (Opposite Party No.-3) bearing deed no.-8318, dated13.09.2025 (Annexure-A). However, this shall be subject to the order passed by the Hon'ble Court in L.P.A. No.-872 of 2025 which has been filed by the opposite parties.
7. That the said document has been handed over to the petitioner after the
4/5 registration on 13.09.2025 Office Receipt."
6. Learned counsel appearing for the opposite party further submits that the order passed by the Writ Court has been fully complied with and the deed no. 8318 dated 13.09.2025 has also been handed over to the petitioner and the petitioner in proof of having received the same has also put his signature on the deed, which has been brought on record by way of Annexuere-B to the show-cause. It is, therefore, submitted by learned counsel appearing for the opposite party that since the order of the Writ Court has been complied with, nothing survives in this contempt application and it be accordingly disposed of.
7. Learned Senior Counsel appearing for the petitioner does not dispute the above factual position but strongly objects to the manner in which the deed of registration has been prepared, almost defacing the first page of the deed of registration.
8. Learned Senior Counsel, therefore, makes a submission that taking note of the manner in which the deed of registration has been prepared by the opposite party almost defacing the first page of the deed of registration, an observation be given by this Court that the deed of registration (Annexure-
5/5 B) which has been brought on record for all times to come be treated as accomplished deed of registration so that in future there remains no confusion on this account.
9. Having heard both the parties, this case is disposed of taking note of the fact that the order of the Writ Court has been complied with as per the statement made by the O.P. No. 3 in paragraph nos. 6 and 7 of its show-cause, however the Court acknowledges that the manner in which the deed of registration has been prepared does, prima facie, indicate that the first page of the deed of registration has been unnecessarily defaced, which may cause inconvenience to the petitioner in future. It is, therefore, observed that the deed of registration which has been brought on record by way of Annexure-B to the show-cause for all times to come will be treated as an accomplished deed of registration of the subject land so that the petitioner does not face any inconvenience in future on this account.
10. With the aforesaid observation and direction, the present application is disposed of. All pending Interlocutory Applications, if any, will be deemed to have been disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U