Nityanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14812 of 2025 ====================================================== Nityanand Prasad S/o Ramji Prasad, R/o Village- Jamalpur, P.S.- Bihpur, District- Bhagalpur, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

The District Magistrate-cum-Collector, District- Bhagalpur. 4.

The Sub Registrar, Bihupur, District- Bhagalpur. 5.

The Additional Collector, District- Bhagalpur. 6.

The Deputy Collector Land Reforms, District- Bhagalpur. 7.

The Circle Officer, Bihpur, District- Bhagalpur. 8.

The Inspector General, Registration Department, Govt. of Bihar, Patna. 9.

Surendra Poddar, S/o- Naina Poddar, R/o- Village- Vikrampur, P.S.- Bihpur, District- Bhagalpur.

10.

Mukesh Poddar, S/o- Surendra Poddar, R/o- Village- Vikrampur, P.S.- Bihpur, District- Bhagalpur.

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

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Advocate :

Mr. Amar Kumar, Advocate :

Ms. Deepshikha, Advocate For the State :

Mr. Addl. Advocate General (05) :

Mr. Vishwambhar Prasad, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2025 Heard Mr. Dharmendra Kumar Paswan, learned counsel for the petitioner and Mr. Vishwambhar Prasad, learned AC to AAG-5 representing the State.

2. The present petition has been preferred for the grant of following relief(s):

(i) to command and direct the

2/4 Respondents, in particular Respondent No. 4. i.e. the Sub Registrar, Bihpur, District-Bhagalpur, to cancel the Sale Deed bearing No. 1851 dated 30.05.2024, on the ground that Respondent No. 9 has declared a sale consideration below the prescribed value as per the Bihar Minimum Value Register (MVR), also known as the circle rate, which is a government-maintained benchmark for property transactions used to calculate stamp duty and registration fees.

(ii) to command and direct the Respondents, in particular Respondent No. 7 i.e. the Circle officer, Bihpur, District- Bhagalpur to cancel/reject the process of mutation in Mutation Case No. 501/25-26 filed by Respondent No. 8 (Surendra Poddar), on the ground that Respondent No. 9 has not paid the full and requisite amount payable for the said transaction in accordance with the prescribed MVR.

(iii) for holding and declaring that Respondent No. 9 and 10 has failed to pay the

3/4 full and agreed sale consideration of Rs.5,25,000/- (Five Lakh Twenty-Five Thousand), having paid only Rs.2,65,000/- at the time of execution of the sale deed, and despite assuring the Petitioner to pay the balance amount after registration, has till date not honoured such commitment; and for directing Respondent No. 8 to forthwith pay the remaining balance amount of Rs.2,60,000/- to the Petitioner forthwith, along with such compensation/interest as this Hon'ble Court deems fit in the interests of justice.

(iv) to grant any other relief(s) that this Hon'ble Court deems fit and proper in the interests of justice."

3. After some argument, learned counsel for the petitioner submits that it will suffice if the respondent no.3, the Collector, Bhagalpur looks into the grievance and passes an appropriate order.

4. Learned State counsel submits that if fresh petition is filed alongwith relevant document, the same shall be considered on merit.

4/4

5. In that background, granting liberty to the petitioner to approach the respondent no.3, the Collector, Bhagalpur for the redressal of the grievance and if such petition is preferred, after noticing the parties, the direction is to take the matter to its logical conclusion by 30th April, 2026.

6. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U