Ochint Merchants Pvt. Ltd. Now Known As Ashiana Goods Pvt. Ltd./ v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15946 of 2023 ====================================================== 1.
Ochint Merchants Pvt. Ltd. now known as Ashiana Goods Pvt. Ltd./ through its Director, namely, Sri Vikash Kumar Bajoria. Local Office at Sikandarpur, Near Jawaharlal Nehru Stadium, P.S.-Town, District-Muzaffarpur. 2.
Advance Merchandies Pvt. Ltd. through its Director namely Anand Kumar Bajoria. Local Office at Sikandarpur, Near Jawaharlal Nehru Stadium, P.S.- Town, District-Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary/Additional Chief Secretary, Prohibition Excise and Registration Department (Registration), Government of Bihar. 3.
Inspector General of Registration, Prohibition Excise and Registration Department (Registration), Government of Bihar. 4.
The Principal Secretary, Department of Revenue and Land Reforms. 5.
The District Magistrate, Muzaffarpur.
6.
The District Sub-Registrar, Muzaffarpur.
7.
The Additional Collector, Muzaffarpur.
8.
The Senior Deputy Collector, District Revenue Officer, Muzaffarpur. 9.
The Sub-Divisional Officer, East, Muzaffarpur. 10.
The D.C.L.R. East, Muzaffarpur.
11.
The Circle Officer, Mushahari, Muzaffarpur.
12.
The Sub-Registry Office, Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh, Advocate For the Respondent/s :
Mr.Vikash Kumar ( Sc 11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-12-2024 Though the present writ petition has been filed for
Patna High Court CWJC No.15946 of 2023(4) dt.17-12-2024 2/3 de-listing the land of the petitioners from the "Rok Suchi", situated at Mohalla-Brahampura, P.S.-Brahampura, DistrictMuzaffarpur, appertaining to Thana No.402, Khata No. (New)305, Khata No.163(old), Khesra No.952 (New), Khesra No.2806(Old), however, at the outset, reference has been made to the Joint Enquiry Report dated 12.02.2024, annexed as Annexure-R/3 to the counter affidavit filed in the present case where the Committee constituted by the respondent-State has come to a conclusion that Khesra No.2806 (old)/952 (new) has been purchased by the petitioners by a sale deed and is raiyati in nature, hence the registration of the land in question can be permitted.
2. At this juncture, the learned counsel for the petitioners has referred to an order dated 25.04.2023, passed by this Court, in CWJC No.6434 of 2022, a case pertaining to the same land in question whereby and whereunder also permission has been granted to the writ petitioner of the said case to sell the said land in question, which has not been denied by the learned counsel appearing for the respondentState.
3. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present
Patna High Court CWJC No.15946 of 2023(4) dt.17-12-2024 3/3 writ petition with an observation that the petitioners shall be free to sell the aforesaid land in question, i.e. the one appertaining to Khesra No.2806 (old)/952 (new) and the respondent-State shall not create any hindrance. (Mohit Kumar Shah, J) kanchan/- U