Patna High Court
Bhola Nath Prasad Gupta vs The State Of Bihar on 1 February, 2024
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7666 of 2022
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Bhola Nath Prasad Gupta Son of Sri Sitara Prasad, Resident of Village-
Kolhuawa, P.O.- Motihari, P.S.- Town Thana, District- East Champaran,
Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Registration Excise and
Prohibition Department, Government of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reform Department,
Government of Bihar, Patna.
3. The Divisional Commissioner, Muzaffarpur.
4. The District Magistrate, East Champaran, Motihari.
5. The Additional Collector (Ceiling) East Champaran, Motihari.
6. The District Sub Registrar, District Sub Registry Office, East Champaran,
Motihari.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar
For the Respondent/s : Mr.Vikash Kumar (Sc11)
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL JUDGMENT
Date : 01-02-2024
The present writ application has been filed for
directing the District Sub-Registrar Office, Motihari to register
the following documents presented by the petitioner:
Sl. No. Executants Purchaser
Date of Amount of
Presentation of E-stamp
documents before Paid
the Sub Registrar,
East Champaran
Motihari
1 Bhola Nath Raju Prasad 17.1.22 1601050
Prasad Gupta, Sah
Manish
Kishor and
Sudama
Patna High Court CWJC No.7666 of 2022 dt.01-02-2024
2/3
Prasad
2 Smt. Veena Raju Prasad 18.1.22 1054050
Gupta wife of Sah
Sri Bhola
Nath Prasad
Gupta
3 Sudama Sri Chandra
Prasad, Subhas
Manish
26.1.22
Kishor, Bhola
Nath Prasad
Gupta
4 Smt. Babita Raju Prasad
wife of Shri Sah 18.1.22 565050
Sudama
Prasad Gupta
2. The short contention of the petitioner is that during the
pendency of a ceiling proceeding the vendor of the petitioner
was permitted to sell the land and now the petitioner wants to
sell it further. The petitioner relies upon a judgment of this
Court dated 26.09.2019 passed in the case of Ramacast Limited
Vs. The State of Bihar (C.W.J.C. No. 15326 of 2019) and
submits that in view of the aforesaid order, his case may also be
allowed.
3. Learned counsel for the State has very fairly not
opposed the prayer of the petitioner in view of the order dated
29.06.2019 passed in Ramacast Limited Vs. The State of Bihar
(supra).
4. I have considered the submissions of the parties.
5. For the reasons mentioned in the judgment dated
26.09.2019 passed in the case of Ramacast Limited Vs. The
Patna High Court CWJC No.7666 of 2022 dt.01-02-2024
State of Bihar (supra), this application is also allowed with the
following directions:-
a) It is directed that the pendency of the ceiling
proceeding against the original land-holder will
not be an impediment in registering the land being
transferred by the petitioner who himself is the
purchaser from the original land holder.
b) It is further directed that the State will at liberty to
assail such order passed by the Additional
Collector (Ceiling), in the ongoing ceiling
proceeding, before the competent authority and
take other remedial steps in case the State
Government finally succeeds.
6. In view of the above, this application is allowed.
(Sandeep Kumar, J)
Saif/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 15.02.2024
Transmission Date N.A.
