LAWS(PAT)-2017-1-161

VIJAYLAXMI W/O SHASHI BHUSHAN PRASAD SINHA Vs. STATE OF BIHAR THROUGH SECRETARY DEPARTMENT OF REVENUE GOVT OF BIHAR

Decided On January 20, 2017
Vijaylaxmi W/O Shashi Bhushan Prasad Sinha Appellant
V/S
State Of Bihar Through Secretary Department Of Revenue Govt Of Bihar Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 29.08.2012 passed by the Collector-cum-District Magistrate, Patna whereby the appeal preferred by the petitioner bearing Registration Appeal No. 11 of 1989-90, has been dismissed and the order of Refusal bearing No. 13 of 1989 passed by the Sub Registrar, Patna Sadar on 19.10.1989, has been confirmed.

(2.) With the consent of the parties, the writ petition has been heard with a view to final disposal at the stage of admission itself.

(3.) The matter relates to registration of a gift deed dated 22.2.1989 claimed by the petitioner to have been executed in her favour by her father late Deonandan Mauar and is in respect of 580 sq.ft. equivalent to 8 dhoors of land situated in Mohalla Kadam Kuan, Park Road, P.S. Kadam Kuan, District- Patna, the details of which is mentioned in the deed itself, a copy of which is present at Annexure-1. The registration of the gift deed was refused by the District Sub Registrar vide order passed on 9.10.1989 on the failure of the donor to respond to the summons and which was treated as a denial of execution. A copy of the order of refusal is impugned at Annexure-2. The petitioner filed a statutory appeal before the District Registrar giving rise to Appeal No. 11 of 1989 and which has been dismissed by the Collector-cum-District Registrar, Patna vide order dated 29.8.2012 impugned at Annexure-6. Feeling aggrieved the petitioner is before this Court.