Md. Sagir Ahmad Vs The State of Bihar

direction to respondent No. 3 to re-open the lock, which has been ordered by the Office of Sub-Registrar, Jagdishpur (Bhojpur), on the land, bearing new Khata No. 115, Plot No. 2779, Mauza - Nagarpalika, Jagdishpur, Thana No. 241, old Khata No. 1, old Khesra No. 2580, having an area of 03 Kathhas.

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Learned counsel for the petitioners submits that the learned Sub-Judge 1^st , Jagdishpur (Bhojpur) has passed an order dated 06.10.2023 in Title Suit No. 205 of 2021, directing the plaintiff and defendant to maintain status quo over the aforesaid piece of land till disposal of the Title Suit No. 205 of 2021. He further points out that the petitioners have not been made party in the aforesaid Suit yet by the aforesaid order passed by the learned Sub-Judge 1^st , Jagdishpur (Bhojpur) they have adversely been affected on account of the order passed by the Sub-Registrar, Jagdishpur (Bhojpur), who purportedly passed an order on the strength of the order of learned SubJudge 1^st, putting lock on the sale of the land, details of which given hereinabove, which also include the land of the petitioners and as such by a blanket order, the Sub-Registrar, Jagdishpur (Bhojpur) has erroneously put lock on the sale of the land of the petitioners, which is simply beyond his

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jurisdiction and that too against the order passed by the competent Court of Civil Jurisdiction.

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Being aggrieved by the aforesaid order of the Sub-Registrar, Jagdishpur (Bhojpur), the petitioners have already preferred an appeal before the Collector-CumRegistrar, Bhojpur at Ara by filing a miscellaneous case. The main grievance centers around the fact that in spite of preferring an appeal before the Collector-Cum-Registrar, Bhojpur at Ara, their appeal is neither being heard nor any steps are being taken by the Collector-Cum-Registrar, Bhojpur at Ara to hear and dispose off their appeal.

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Non-disposal of the appeal pending before the Collector-cum-Registrar has adversely affected the right of the petitioners, who, on account of unnecessary controversy created by the order passed by the Sub-Registrar, Jagdishpur (Bhojpur), are suffering and are simply unable to sale their land to meet the marriage expenses of their daughter.

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Learned counsel for the State, at this stage, fairly submits that the writ application is wholly misconceived and as such, is not maintainable for the relief(s) as prayed for in the present writ application.

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The entertainability of the writ application is

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totally and distinctly different from the maintainability of this writ application. The writ application could be entertained, but on account of it being non-maintainable, it could summarily be dismissed.

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At this stage, learned counsel for the petitioners very candidly prays for withdrawal of the present writ application to pursue their appeal, which is pending before the Collector-Cum-Registrar, Bhojpur at Ara, but he highlights his conduct, who is not taking up their appeal nor disposing off the same, thus, on account of in-different and callous approach of the Collector, they are made to suffer for none of their fault.

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In this backdrop, the present writ application is disposed off with a liberty to the petitioners to pursue their appeal, which they have already filed before the CollectorCum-Registrar, Bhojpur at Ara. The Collector-Cum-Registrar, Bhojpur at Ara is, hereby, directed to dispose off the appeal, so preferred by the petitioners, within a period of six weeks henceforth after having issued notice to all the concerned and affording due opportunity to all, to present their case and thereafter shall pass a final, positive and determinative order as the matter could not be allowed to be lingered, at this stage, before him.

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