Bajanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3808 of 2019 In Civil Writ Jurisdiction Case No.15696 of 2019 ====================================================== Bajanti Devi Wife of Ranjeet Singh Resident of Ward no. 13 Harkhauli Uttar Tola, Kharpakwa, P.S.- Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Inspector General Registration, Bihar, Patna. 2.

The Assistant Inspector General Registration Saran Division, Chapra. 3.

The Collector Gopalganj.

4.

The Sub Registrar Mirganj Gopalganj.

5.

The Anchal Adkhikari Uchkagaon, Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr.Kumar Manish, SC-5 Mr.Prashant Kumar, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2025 Perused the report submitted by the learned Registrar General dated 03.04.2025. The explanation furnished therein is accepted and the rule is discharged, however, it is observed that the concerned section should ensure that all such cases which are yet to be listed even for the first time, especially the old ones are made defect free and are listed before the Hon'ble Benches, as per seriatim and as per the procedure prescribed, forthwith.

2. Now, coming back to the present case, this Court finds that by an order dated 06.08.2019, passed in CWJC No.15696 of 2019, the petitioner was permitted to challenge the order dated 19.07.2018, passed by the Assistant Inspector

Patna High Court MJC No.3808 of 2019(5) dt.09-05-2025 2/3 General, Registration, Saran Division, Chapra, in Stamp Case No.36 of 2018, by filing appropriate appeal within a period of four weeks, however, it is submitted by the learned counsel for the petitioner that since for filing the appeal, several documents were required to be obtained, which could not be obtained within four weeks, the petitioner could not file the appeal within the stipulated time frame, however immediately thereafter, the present petition was filed on 6th September, 2019, thus a sympathetic view be taken and the time granted to the petitioner to file appeal, as aforesaid, be extended by a further period of four weeks from today.

3. The learned counsel for the petitioner has further submitted that the petitioner had gone before the Divisional Commissioner, Saran Division, Chapra for filing the said appeal in pursuance to the observation made by this Court, however, the appeal was not accepted and it was stated that if High Court extends the time frame, stipulated for filing the appeal, the same would definitely be accepted.

4. Per contra, the learned counsel for the respondentState submits that in case appeal is filed within a period of two weeks from today, the same would definitely be decided on merits.

Patna High Court MJC No.3808 of 2019(5) dt.09-05-2025 3/3

5. Having regard to the facts and circumstances of the case, considering the averments made in the present petition and taking into account the submissions made by the learned counsel for the parties, I deem it fit and proper to grant further two weeks' time from today, to the petitioner to file the appeal, as aforesaid.

6. Accordingly, the present petition stands disposed off with the aforesaid modification in the order dated 06.08.2019, passed in CWJC No.15696 of 2019, however rest of the order shall remain as it is.

(Mohit Kumar Shah, J) Saurav/- U