Ajay Sharma vs The State Of Bihar
2023 Latest Caselaw 3465 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.4109 of 2023
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1. Ajay Sharma, Son of Late Shyam Sundar Mistri @ Late Shyam Siunder Sharma, Resident of Hotel Welcome Gali, D.B. Road, Police Station-Saharsa Sadar, District-Saharsa.

2. Pappu Sharma, Son of Late Shyam Sundar Mistri @ Late Shyam Siunder Sharma, Resident of Hotel Welcome Gali, D.B. Road, Police Station-Saharsa Sadar, District-Saharsa.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Revenue Department, Government of Bihar Patna.

2. The Commissioner Koshi Range, Saharsa.

3. The District Magistrate Cum Collector, Saharsa.

4. The Additional Collector, Saharsa.

5. The District Sub Registrar, Saharsa.

6. The Sub Divisional Officer, Saharsa,

7. The Circle Officer, Kahra, Saharsa.

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

For the Petitioner/s : Mr.Satish Kumar Singh, Advocate For the Respondent/s : Mr.Raj Kishore Roy ( GP 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT Date : 02-08-2023 Heard learned counsel for the petitioners and learned

counsel for the State.

2. The present writ petition has been filed for

directing the respondents to release the land of the petitioners

from the hold list due to which petitioners are not able to sell

their land appertaining to Old Khata No.412, Old Plot No. 1023,

New Khata No.571, New Plot No.1027, admeasuring an area 5

Katha 10 dhur siauted in Saharsa Town.

Patna High Court CWJC No.4109 of 2023 dt.02-08-2023

3. Learned counsel for the petitioners submits that this

land was the subject matter of Title Suit No.26/2002 in which

the State of Bihar and the Collector, Saharsa were party

respondents. The title suit was dismissed on the ground of

limitation vide judgment dated 21.09.2007. Thereafter, the

father of the petitioners preferred Title Appeal No. 57/2007

which was decided in his favour. Therefore, the stoppage made

by the State for not to sell is bad in law. Learned counsel for the

petitioners further submits that upon getting the decree in

appeal, the land was mutated in the name of the father of the

petitioners and thereafter, rent receipt was also generated in his

favour. It is further submitted that after the death of the father of

the petitioners, the petitioners tried to sell his land to meet his

financial need, but they came to know that the Registry office

has put the land in question on hold 'not to sell'. Subsequently,

the petitioners made representation to this effect before

respondent No.3, namely, the District Magistrate, Saharsa-cum

Collector, Saharsa, but no order has been passed on the

representation of the petitioners as yet.

4. Learned counsel for the State submits that state

authorities may be directed to take appropriate decisions on the

representation of the petitioners.

Patna High Court CWJC No.4109 of 2023 dt.02-08-2023

5. In this background, the writ petition stands

disposed of granting liberty to the petitioners to file

additional/supplementary representation before respondent

No.3, namely, the District Magistrate, Saharsa-cum Collector,

Saharsa along with a copy of this order as also the documents

showing their title and possession over the land in question

within four weeks from today whereupon respondent No.3,

namely, the District Magistrate, Saharsa-cum Collector, Saharsa

is directed to take a decision in this regard by passing a reasoned

and speaking order within eight weeks from today.

6. With the above observation and direction, the writ

petition stands disposed of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.08.2023
Transmission Date       NA