Vinay Kumar Agrawal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14896 of 2023 ====================================================== Vinay Kumar Agrawal Son of Late Pawan Kumar Agrawal, Resident of 45/26A, Ward No. 12, Second Floor, above Utsav, Loharpatti Road, Raxaul, P.S.- Raxaul, District- East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Inspector General of Registration, Department of Registration, Bihar, Patna.
2.
The Inspector, Registration Office, Department of Registration, Bihar, Patna. 3.
The Registrar, Registry Office, Motihari, East Champaran. 4.
The Sub-Registrar, Registry Office, Raxaul, East Champaran. 5.
The Collector, East Champaran.
6.
The Deputy Collector, Land Reforms, Raxaul, East Champaran. 7.
Mumtaz Siddique, Son of Late Akhtar Miyan, Resident of Raxaul Bank Road, Ward No. 12, P.S.- Raxaul, District- East Champaran. 8.
Imtiayaz Siddique, Son of Late Akhtar Miyan, Resident of Raxaul Bank Road, Ward No. 12, P.S.- Raxaul, District- East Champaran. 9.
Neyaj Siddique, Son of Late Akhtar MIyan, Resident of Raxaul Bank Road, Ward No. 12, P.S.- Raxaul, District- East Champaran. 10.
Md. Ejaj Siddique, Son of Late Akhtar Miyan, Resident of Raxaul Bank Road, Ward No. 12, P.S.- Raxaul, District- East Champaran. 11.
Mostt. Julekha Khatoon, Wife of Late Akhtar Miyan, Resident of Raxaul Bank Road, Ward No. 12, P.S.- Raxaul, District- East Champaran. 12.
Jarina Khatoon, Wife of Late Akhtar Miyan, Resident of Raxaul Bank Road, Ward No. 12, P.S.- Raxaul, District- East Champaran. 13.
Amarnath Gupta, Son of Late Bhagwan Lal, Resident of Raxaul Naga Road, Ward No. 11, P.S.- Raxaul, District- East Champaran. 14.
Heera Lal Prasad, Son of Late Danwari Sah, Resident of Raxaul Bazar, Ward No. 12, P.S.- Raxaul, District- East Champaran. 15.
Mukesh Kumar, Son of Late Badhe Lal Sah, Resident of Raxaul, Ward No. 13, P.S.- Raxaul, District- East Champaran.
16.
Krishan Kumar, Son of Late Ramekbal Prasad, Resident of Raxaul Ward No. 14, P.S.- Raxaul, District- East Champaran.
17.
Awadhesh Kumar Gupta, Son of Late Jeev Narayan Prasad, Resident of Raxaul, Post Office Road, In front of Ram Janki Temple Old Pokhari, P.S. Raxaul, District- East Champaran.
18.
Ajay Kumar, Son of Babu Lal Mahto, Resident of Hraiya, P.S. Raxaul, District- East Champaran.
... ... Respondent/s ====================================================== Appearance :
Patna High Court CWJC No.14896 of 2023(3) dt.25-06-2024 2/3 For the Petitioner/s :
Mr.Devi Das Srivastava, Adv.
For the Respondent/s :
Mr.Vivek Prasad (GP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-06-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.(a) For issuance of writ in the nature of Mandamus directing and commanding the Respondents no. 1 to 6 to hold an enquiry into the matter of forged sale deed dated 01.11.2021 executed by Respondents no.7 to 14 in favour of respondent no.15 to 18 because the alleged Khata no.170, Khesra no.1146 situated in Mauza Raxaul has already been restricted for sale by the order of Deputy Collector Land Reforms Raxaul vide letter no.69 dated 03.10.2018, but despite the restriction order the said sale deed was executed by changing Khata no.17/170 and Khesra no.114/1146 by which right title and interest of the petitioner has been affected.
(b) For issuance of writ in the nature of mandamus commanding and directing the Respondents no. 1 to 6 that after an enquiry into the said sale deed take an appropriate action against the Respondents no.7 to 14 who committed forgery by executing sale deed dated 01.11.2021 through deed no.5513, Book no.1, Volume no.76, page no.18 to 28 in favour of Respondent no.15 to 18 by changing Khata no.17/170 and Khesra no.114/ 1146, whereas no such Khata and Khesra has been existed in Mauza
Patna High Court CWJC No.14896 of 2023(3) dt.25-06-2024 3/3 Raxaul, District-East Champaran Thereafter, Respondent no.15 to 18 may be restrained for not to disturb the peaceful possession of the petitioner over the land of Khata no.170, Khesra no.1146, area 1.3/4 dhur which is already purchased land by the father and mother of the petitioner."
2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the learned Civil Court having competent jurisdiction for redressal of his aforesaid grievances. Liberty so sought is granted.
3. The writ petition stands dismissed.
(Mohit Kumar Shah, J) sonal/- U