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Patna High CourtMJC/4692/2019allowed

Virendra Kumar v. The State Of Bihar

2020-03-05Mr. Justice Shivaji Pandey,Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4692 of 2019 In Civil Writ Jurisdiction Case No.5545 of 2018 ====================================================== Virendra Kumar (Male), aged about 45 years, Son of Paras Nath Singh Resideny of Mohalla- Khajpura B.V. College Rukanpura, Bailey Road, P.S.- Hawai Adda, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The Superintendent of Police, Patna.

4.

The Excise Superintendent , Patna.

5.

The Officer-in-Charge of Rajeev Nagar Police Station, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Vikash Kumar (SC 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 05-03-2020 The present application has been filed for modification of the order dated 4.4.2018 passed in CWJC No. 5545 of 2018.

Learned counsel for the petitioner submits that in term of the aforesaid order dated 4.4.2018, he has complied the direction of the Court and one of the direction was for filing of the Original Title Deed. He further submits that the petitioner has furnished the certified copy of the Khatiyan of the property

Patna High Court MJC No.4692 of 2019(2) dt.05-03-2020 2/2 but, the Nodal Officer, Excise Prohibition Cell, Patna has not accepted the same as Original Title Deed.

If the land is ancestral, the Register-2 itself will be treated to be original title deed of the person and the same should be accepted.

In view of the above, this Court directs the Nodal Officer, Excise Prohibition Cell, Patna to accept it and carry out the order of this Court accordingly.

This application is, accordingly, disposed of. (Shivaji Pandey, J) ( Anjani Kumar Sharan, J) rishi/- U