Meera Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6215 of 2018 ====================================================== Meera Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh, Advocate For the Respondent/s :

Mr.Vivek Prasad- Gp7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-06-2019 I.A. No.8267 of 2018 Heard learned counsel for the petitioner as well as learned counsel representing the State.

The petitioner, by filing this interlocutory application, has sought modification of the order dated 16.4.2018 passed in C.W.J.C. No.6215 of 2018 whereby, while granting the reliefs prayed in the writ application, a direction was issued to respondent No.2 to unseal and release the property in question to the petitioner on the petitioner furnishing the original title deed of the property in question.

Learned counsel for the petitioner submits that the original title deed has been misplaced and cannot be produced before the District Magistrate, Patna. Learned counsel for the

Patna High Court CWJC No.6215 of 2018(3) dt.26-06-2019 2/3 petitioner submits that he has lodged a Sanha in this regard vide Annexure 3 to the interlocutory application and has offered to submit certified copy of the title deed. Learned counsel submits that the District Magistrate, Patna is not accepting the certified copy of the original title deed in view of the order of this Court, particularly the condition as imposed in paragraph 3 of the order.

Learned counsel representing the State submits that while granting release of the property in question, the interest of the State is also to be protected and for that reason the prayer of the petitioner to modify paragraph '3' of the order may be considered by imposing such adequate conditions which will protect the interest of the State.

Having heard learned counsel for the parties, in the facts and circumstances of the case, we are of the considered opinion that the Collector-cum-District Magistrate, Patna may consider the request of the petitioner in the light of the submission that the original title deed has been misplaced and in that regard a Sanha has also been submitted vide Annexure 3 to the present application. He would consider the submission of learned counsel for the petitioner that in addition to the certified copy of the original title deed, the petitioner is ready to give an

Patna High Court CWJC No.6215 of 2018(3) dt.26-06-2019 3/3 undertaking and furnish a declaration duly supported by an affidavit that the original title deed has not been kept with any financial institution and no equitable mortgage of the property in question has been undertaken as also that on availability of the original title deed in future, the same shall be provided to the District Magistrate, Patna.

With the aforesaid observations and directions, the interlocutory application is disposed of.

The order passed in C.W.J.C. No. 6215 of 2018 will be taken to have been modified to that extent. (Amreshwar Pratap Sahi, CJ) (Rajeev Ranjan Prasad, J) K.C.Jha/- U