Babita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4934 of 2017 ====================================================== Babita Kumari, Wife of Kamlesh Kumar, Resident of House No. 286 A.P. Colony, P.S. Rampur, District- Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Gaya.

3. The Assistant Registration Inspector General, Magadh Division, Gaya.

4. The Sub Registrar, Registry Office, Gaya.

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Respondent/s :

Mr.Manish Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned AC to AAG-6.

The present writ application has been filed for setting aside the order dated 24.10.2016, passed in Shortage Stamp Case No.25 of 2016, as contained in Annexure-2, issued by the Respondent No.3, the Assistant Inspector General, Registration, Magadh Division, Gaya, whereby, the shortage of Rs.20,37,112/- value of stamp, as calculated by the SubRegistrar-Gaya, has been upheld. After some arguments, learned counsel for the petitioner seeks permission to withdraw the present writ application with a liberty to prefer appeal against the impugned order.

Patna High Court CWJC No.4934 of 2017(2) dt.18-09-2018 2/2 The writ application is permitted to be withdrawn. It is expected from the appellate authority that if such an appeal is filed against the impugned order dated 24.10.2016 within a period of three weeks from the date of receipt/production of a copy of this order, along with an application for condonation of delay in filing of the appeal, then the appellate authority will consider the same, keeping in view the fact that writ application was pending before this Court. For the next three weeks, let no coercive steps be taken against the petitioner in pursuance to the impugned order dated 24.10.2016, passed in Shortage Stamp Case No.25 of 2016, as contained in Annexure-2, issued by the Respondent No.3, the Assistant Inspector General, Registration, Magadh Division, Gaya.

Accordingly, the writ application is disposed of as withdrawn with the observation aforementioned. (Dinesh Kumar Singh, J) Ashwini/- U