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2013 Supreme(Pat) 836

RAVI RANJAN
Kanhaiya Yadav son of late Bhukhal Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner:Mr. Satya Nand Shukla, Advocate
For the State : Mr. Binit Kumar, A.C. to G.P.IX
For the Respondent No. 4:M/s Pramod Kumar Sinha, and Arvind Kr. Sharma No. 1, Advocates

C.A.V. ORDER

I have heard learned counsel for the petitioner, the State and the respondent no. 4.

2. The petitioner seeks quashing of the order dated 12.11.2003 passed by the District Sub-Registrar, Siwan as contained in Annexure 2 as well as the order dated 23.3.2005 passed by the respondent no. 3, District Magistrate, Siwan, being Registrar, in Compulsory Registration Case No. 346/2003-04, as contained in Annexure

3. Though a counter affidavit has not been filed on behalf of respondent no.4, however, I.A. No. 3674/2012 describing it as a show cause on behalf of respondent no. 4 has been filed which appears to be actually a counter affidavit in nature. Counter affidavit has also been filed on behalf of the respondent nos. 2 and 3 and reply to the counter affidavit has also been filed on behalf of the petitioner.

4. It is submitted on behalf of the petitioner that after payment of consideration amount of Rs. 47,500/- respondent no. 4 has executed the sale deed on 12.7.2003 in favour of the petitioner which was also presented for registration on 12.7.20103. However, thereafter, he slipped away and did not turn up for accepting execution despite several request. Eventually, the Sub-R









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