Md. Moinuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.794 of 2025 ====================================================== Md. Moinuddin ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Respondent/s :

Additional Advocate General (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ petition has been filed for the following reliefs:- (i) To issue a Writ in the nature of Certiorari to quash the Notice, issued under the authority of Collector, Madhubani by which petitioner has been directed to appear on 09.11.24 in the proceeding initiated as Registration Case No.59/2024 in connection with Letter No.336/N. dated 27.09.2024 of Sub-Registrar, Benipatti wherein SubRegistrar has alleged that petitioner has got a piece of land registered on 10.07.24 showing the land an agricultural land which is Homestead land and therefrom caused Revenue loss of Rs.49,770/- to the State authority.

(ii) To issue an appropriate Writ to hold and declare that piece of land which is Thana No.225, Tauji No.6424, Jamabandi No.1391 situated at Mauja-Sohas, ParganaJarail, P.S.+Circle-Bisfi, DistrictMadhubani, Total Area-21.8 Decimals, Registered in favour of petitioner by the vendor Halima Dood N/6-348% Khatoon vide Registry Token No.4601/24 Deed No.

Patna High Court CWJC No.794 of 2025(2) dt.03-07-2026 2/2 4489, dated 10.07.24 is the agricultural land evident from the Khatiyan and physical Status possession- of the land. Accordingly appropriate Court Fee has been paid and not at all revenue loss has been caused.

(iii) To hold and declare that in terms of Section 47 A(i) of Indian Stamp Act, 1899 (As amended-2013) and law propounded by the Hon'ble Court after effecting the registration, the concerned Registrar can not raise dispute towards the Court Fee the matter of Court Fee can be raised prior to execution and enforcement of effect of registered registry.

(iv) To grant any other reliefs for which petitioner is entitled to have.

3. Learned counsel for the petitioner submits that during pendency of the writ petition, final order under Section 47A of the Indian Stamp Act, 1899 has already been passed by the Collector, Madhubani.

4. Learned counsel for the petitioner seeks permission to file appropriate appeal against the order passed by the Collector, Madhubani within a period of two weeks.

5. Petitioner is permitted to do so.

6. Accordingly, the writ petition stands disposed of. (Ajit Kumar, J) surya/- U