IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8730 of 2009
Usha Kumari Gupta @Usha Kumari, wife of Shri Anand Kumar Gupta,
resident of Mohalla-Surya Surojit Villa, Flat No.103, behind L.I.C.
„Jeewan Jyoti‟ building, Exhibition Road, Patna.
..... Petitioner.
Versus
1. The State of Bihar.
2. The I.G. (Registration), Department of Registration, Government of
Bihar, New Secretariat, Patna.
3. Jagdish Prasad, son of not known to the petitioner, Secretary-cum-
Chairman, Surya Surojeet Villa Private Owners‟ Society, resident of
Flat No.301, Surya Surojeet Villa, behind "Jeewan Jyoti" Building,
Exhibition Road, P.S. Gandhi Maidan, District-Patna.
...... Respondents.
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For the petitioner : Mr. Ajay Prasad, Advocate.
For respondents no.1 &2 : S.C. VI.
For respondent no.3 : Mr. Naresh Kumar Malhotra, Senior Advocate.
Mr. Binod Kumar Sinha-2, Advocate.
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03/ 15.11.2010 Heard learned counsel for the petitioner and learned
counsel for the State of Bihar and its authority as well as learned
counsel for respondent no.3.
2. Petitioner is the owner of Flat No.103 in Surya
Surojeet Villa, Exhibition road, Patna, whereas respondent no.3 is
the Secretary-cum-Chairman of the said Apartment Society. It
transpires that an application filed by respondent no.3 is pending
before the Inspector general (Registration), Govt. of Bihar, Patna
(respondent no.2) for registration of bye-laws of the Apartment.
The grievance of the petitioner is that without hearing her on her
objection the said matter should not be decided by the said
authority.
3. Learned counsel for respondent no.3 submits that he
has got no objection if opportunity of hearing is granted to the
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petitioner by the aforesaid authority.
4. In the aforesaid facts and circumstances, this writ
petition is disposed of with a direction to Inspector General
(Registration) Govt. of Bihar, Patna (respondent no.2) to hear both
the parties in the 1st week of December, 2010 and decide the matter
expeditiously, preferably within a period of one month from the
date of hearing. During the pendency of the aforesaid matter before
respondent no.2, no steps for registration of the said society shall
be taken.
(S. N. Hussain, J.)
Sunil