Manava Bharati International School v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20524 of 2019 ====================================================== Manava Bharati International School Phulwarisarif, Patna through its Secretary, Pradeep Kumar Mishra, Son of late Ganesh Dutt Mishra, Resident of Maurya Vihar Colony, Police Station- Phulwarisarif in the district of Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Registration and Excise, Government of Bihar, Patna.

2.

The Secretary, Department of Registration and Excise, Government of Bihar, Patna.

3.

The District Magistrate-Cum-Collector, Patna. 4.

The District Sub-Registrar, Registry Office, Patna. 5.

The Sub- Registrar, Registry Ofice, Danapur, Patna. 6.

The Central Board of Secondary Education through its Secretary, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi. 7.

The Secretary, Central Board of Secondary Education, Shiksha Kendra, 2 Community Centre, Preet Vihar, Delhi.

8.

The Deputy Secretary (Affiliation), Central Board of Secondary Education, Shiksha Kendra, 2 Community Centre, Preet Vihar Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Technicality in the matter of issuance of land certificate is the impediment in taking final decision at the level of C.B.S.E.. The C.B.S.E. is relying on its own regulation for the purpose of issuing appropriate order and is insisting on issuance of single land certificate.

Learned counsel appearing on behalf of petitioner submits that the petitioner has obtained land certificates from

Patna High Court CWJC No.20524 of 2019(2) dt.14-10-2019 2/2 Sub Registrars. There is no dispute that the land purchased by the petitioner is one and the same land but different authorities have issued land certificate.

Mr. Vikash Kumar, learned counsel appearing on behalf of State submits that on account of boundary of the land falling in the jurisdiction of the Danapur Sub Registrar as well as Phulwarisharif Sub Registrar as well as Patna Sub Registrar different Sub Registrars have issued different land certificate. In order to resolve the crises the Court direct the District Registrar, Patna who has competence in respect of all lands in the district of Patna to take appropriate decision with regard to issuance of single land certificate to the petitioner to satisfy the requirement as par the C.B.S.E. Regulation.

Necessary decision and land certificate may be issued by the District Registrar, Patna at the earliest preferably within a period of 30 days from the date of receipt/production of a copy of this order and thereafter petitioner may submit the land certificate for the appropriate decision by the C.B.S.E. within a further period of 15 days and on submission of land certificate C.B.S.E. will take appropriate decision at the earliest. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U