Patna High CourtCWJC/7092/2014dismissed

Radhakant Mishra v. The State Of Bihar And ORS

2016-10-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7092 of 2014 =========================================================== Radhakant Mishra Son of Late Pandit Sudarshan Mishra Resident of Village Guruwalliya Shivala Tola, Police Station- Manuapool, District- West Champaran at Bettiah.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Principal Secretary, Finance Department, Government of Bihar, Patna.

4. The Principal Secretary, Department of Sugarcane Industry, Government of Bihar,Patna.

5. The Principal Secretary, Registration Department, Government of Bihar, Patna.

6. The Principal Secretary, Industry Department, Government of Bihar, Patna.

7. The Principal Secretary, Department of Energy, Government of Bihar, Patna

8. The District Magistrate, West Champaran at Bettiah.

9. The Sub. Registrar, Bettiah, West Champaran.

10. Sri Prakash Jha, Director Son of Tejnath Jha Resident of Village- Guruwalliya, Police Station- Manuapool, District- West Champaran at Bettiah, At PresentDirector, Maurya Sugar Mill Private Limited, P & M Infrastructure Private Limited 47 B- Sahdeo Mahto Marg, Patna, Police Station- Sri Krishnapuri, District- Patna, Patna- 800001.

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the State Mr. LALIT KISHORE (PAAG-1) Mr. Anshuman Singh, AC to PAAG-1 ========================================================== = CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 20-10-2016 Heard the counsel for the petitioner and the State. Counter affidavits on behalf of the concerned respondent(s) have been filed.

The writ application prays for a direction upon the respondents to take steps for immediate installation of Maurya Sugar Mill, Guruwalliya in the district of West Champaran for which the lands of several persons including that of the petitioner were acquired.

Patna High Court CWJC No.7092 of 2014 dt.20-10-2016 2/2 In course of submission, the counsel for the petitioner has also submitted that the petitioner, in fact, has prayed for cancellation of the sale deed as the stamp duty thereon was not properly stamped/pasted. The counter affidavit of Sub Registrar states that upon realization of the stamp duty as well as the registration fee the sale deed was registered. A serious objection has been raised on behalf of the State against the prayer of the petitioner. It is stated that this Court in the writ jurisdiction would not declare the sale deed valid or invalid. If the petitioner wants a declaration in this regard, he should move the court of competent civil jurisdiction. I find substance in the submission of the counsel for the State.

The application is held devoid of any merit. Dismissed. Dismissal of this application shall, however, not preclude the petitioner from approaching the appropriate authority/forum for ventilation of his grievance in accordance with law.

(Kishore Kumar Mandal, J) HR/- AFR/NAFR NAFR CAV DATE Uploading Date 25.10.2016 Transmission Date