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Patna High CourtCWJC/4011/2018disposed

Baijnath Ray v. The State Of Bihar And ORS

2022-07-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4011 of 2018 ====================================================== Baijnath Ray son of late Horil Ray resident of mohalla - Paigambarpur Kolhua, P.S. - Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Registration, Government of Bihar, Patna.

2.

The Collector cum District Magistrate, Muzaffarpur. 3.

Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur. 4.

District Sub-Registrar, Muzaffarpur.

5.

Circle Officer, Mushahari, Muzaffarpur.

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Respondent/s :

Mr.P.N. Shahi- Aag6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2022 Though, the present writ petition has been filed to quash the order dated 4.12.2015 passed by the Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur in Stamp Case No. 34 of 2014-15, but the learned counsel for the petitioner has confined his relief to grant of liberty to the petitioner to assail the same by filing appropriate appeal under section 47A(4) of the Indian Stamp Act, 1899. Per contra, the learned counsel for the respondents submits that the proper remedy for the petitioner is to file an appeal and in case such an appeal is filed within a period of four weeks from today, the same shall be decided on merits.

Patna High Court CWJC No.4011 of 2018(3) dt.19-07-2022 2/2 Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to file appeal against the aforesaid order dated 04.12.2015 and in case such an appeal is filed within a period of four weeks from today, the same shall be decided by the appellate authority on merits without being impeded by the issue of limitation.

(Mohit Kumar Shah, J) Tiwary/- U