Umesh Sardar vs The State Of Bihar on 26 June, 2023

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Patna High Court - Orders

Umesh Sardar vs The State Of Bihar on 26 June, 2023

Bench: Mohit Kumar Shah

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16849 of 2022
                 ======================================================
           1.     Umesh Sardar, Son of Mahaveer Sardar, Resident of Ward no. 1, Koriapatti
                  Paschim, P.S.- Jadai, District- Supaul.
           2.    Bidya Nand Sah, Son of Late Basanti Sah, Resident of Village- Latauna,
                 P.S.- Triveniganj, District- Supaul.

                                                                             ... ... 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, Registration, Excise and Prohibition Department,
                 Government of Bihar, Patna.
           3.    The Inspector General of Registration, Registration, Excise and Prohibition
                 Department, Government of Bihar, Patna.
           4.    The Assistant Inspector General of Registration, Registration, Excise and
                 Prohibition Department, Government of Bihar, Koshi Division, Saharsa.
           5.    The District Magistrate Cum District Registrar, Supaul.
           6.    The District Sub Registrar, District Sub- Registry Office, Supaul Sadar,
                 Supaul.
           7.    The Sub Registrar, Sub- Registry Office, Ganpatganj, Supaul.
           8.    The Sub Registrar, Sub- Registry Office, Triveniganj, Supaul.
           9.    The Sub Registrar, Sub- Registry Office, Niramli, Supaul.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Ranjeet Kumar, Adv.
                 For the Respondent/s   :      Mr.Vikash Kumar ( Sc 11 )
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

2   26-06-2023

The present writ petition has been filed seeking the following reliefs:-

"1.i. For setting aside Clause 17 of Minutes of the Meeting Dated 21.10.2022 passed under the Chairmanship of the Additional Chief Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna, whereby General Slot Patna High Court CWJC No.16849 of 2022(2) dt.26-06-2023 2/4 of Registration through Deed Writers has been closed, in teeth of Section 68A & 68B of the Registration Act r/w The Bihar Deed Writers License Rule 1996 as also in gross violation and disregard of the Judgment Dated 17.09.2016 passed by this Hon'ble Court in CWJC No. 10973/2016, C.W.J.C. No.11384/ 2016 and analogous cases whereby the Hon'ble Court observed that so long as The Deed Writers License Rule' 1996 is in force, the Deed Writers who have valid license cannot be restrained from writing documents for registration. (No formal order has been issued in the light of the said minutes of the meeting, but same has already been implemented throughout Bihar).

ii. For that the respondents authorities be directed to stop the slot system (25 Deed for each Slot) created during Pendemic COVID 19, for the reason that all protocols issued by the Department of Home, Government of Bihar, Patna has been withdrawn, but the authorities of the Registration Excise and Prohibition Department, Government of Bihar, Patna is following the Slot system arbitrarily and with a view to frustrate the interest of Licensee (Deed Writers) in teeth of the Judgment Dated 17.09.2016 passed in CWJC No. 10973/2016, C.W.J.C. No.11384/ 2016 and analogous cases.

iii. For that the Petitioners further prays that the Quota System for Online Registration and Patna High Court CWJC No.16849 of 2022(2) dt.26-06-2023 3/4 Registration through Deed Writers be withdrawn, as it is being used to remove the Deeds from discharging their right to work as Deed Writers, which is; indirectly if not directly, in teeth of the Judgment Dated 17.09.2016 passed in CWJC No. 10973 / 2016, C.W.J.C. No.11384/2016 and analogous cases, and further the quota system for online registration and registration through Deed Writers is unknown to the Registration Act, 1908 and Rule framed there.

iv. For taking strict punitive action against the authorities of the Registration, Excise and Prohibition Department, Government of Bihar, Patna, who by hooks and crooks trying to frustrate the outcome of the Judgment Dated 17.09.2016 passed in CWJC No. 10973/2016, C.W.J.C. No.11384/2016 and analogous cases and even cheated and ditch this Hon'ble Court in M.J.C. No. 1355/2022.

v. For issuance of Direction to the Respondents authorities to allow the Petitioners to work as Deed Writer and their hand written documents as well as his Drafted and computerized Documents with his signature be accepted for registration in the light of the Judgment 17.09.2016 passed in CWJC No. 10973/ 2016, C.W.J.C. No.11384/2016 and analogous cases."

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however seeks Patna High Court CWJC No.16849 of 2022(2) dt.26-06-2023 4/4 liberty on behalf of the petitioners to seek redressal of their subsisting grievances, if any, in accordance with law.

Accordingly, the present writ petition stands disposed off as not pressed, however, with the aforesaid liberty.

(Mohit Kumar Shah, J) Saurav/-

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Patna High Court - Orders