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Patna High Court

Krishn Mohan JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted a further four‑week extension to the petitioner to file the appeal.

Summary

The petitioner, Krishn Mohan Jha, sought an extension of the time granted by the Patna High Court to file an appeal against an order of the Assistant Inspector General of Registration dated 16-12-2021. The High Court had earlier, on 12-12-2022, set a deadline for filing the appeal, which the petitioner missed due to delays in consulting counsel and preparing the appeal memorandum. He approached the Court on 25-02-2026 requesting an additional four weeks to file the appeal before the Divisional Commissioner, Tirhut Division. The respondent’s counsel raised no objection to the extension. The Court, after considering the circumstances, deemed it appropriate to grant a further four‑week extension and disposed of the petition with the modification.

Issues considered

  • Whether the petitioner is entitled to a further extension of time to file an appeal against the order of the Assistant Inspector General of Registration.

Subjects

  • extension of time
  • appeal deadline
  • registration law
  • procedural law
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1083 of 2023
                                                      In
                                 Civil Writ Jurisdiction Case No.742 of 2022
                 ======================================================
                 Krishn Mohan Jha Son of Late Deoki Nandan Jha, Resident of village- Sirha
                 Tola Sundarpatti, P.S.- Pakrideyal District- East Champaran, at present
                 residing at Dhaka Road Chhatauni Chowk, Motihari, P.S.- Chhatauni,
                 District- East Champaran.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Principal Secretary Registration Department
                 Govt. of Bihar, Patna
           2.    The Inspector General of Registration Bihar, Patna.
           3.    The Assistant Inspector General of Registration Tirhut Division,
                 Muzafferpur.
           4.    The District Magistrate -cum- District Registrar East Champaran, Motihari.
           5.    The District Sub- Registrar Motihari, District East Champaran.
           6.    The Sub Registrar Motihari, District East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Md. Anisur Rahman, Advocate
                 For the Opposite Party/s :    Mr.Vikash Kumar (Sc11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   25-02-2026                The present petition has been filed for extending the time

                   granted to the petitioner to file appeal before the appellate

                   authority against the order dated 16.12.2021, passed by the

                   Assistant Inspector General of Registration, Tirhut Division,

                   Muzaffarpur in Case No.74 of 2017-18, vide order dated

                   12.12.2022 passed by this Court in CWJC No.742 of 2022.

                                2. The learned counsel for the petitioner submits that

                   on account of some time having been consumed in consultation
            Patna High Court MJC No.1083 of 2023(4) dt.25-02-2026
                                                        2/2




                      with the advocate and in preparation of the memo of appeal, the

                      petitioner had gone to file appeal on 20.01.2023 before the

                      learned Court of Divisional Commissioner, Tirhut Division,

                      Muzaffarpur, however the same was not accepted by the

                      appellate authority, inasmuch as the time granted by this Court

                      vide order dated 12.12.2022 had expired, thus it is submitted

                      that a sympathetic view be taken and the petitioner be granted at

                      least four weeks time from today to file appropriate appeal

                      inasmuch as grave prejudice would be caused to the petitioner in

                      case he is not allowed to file appeal.

                                   3. Per contra, the learned counsel for the opposite

                      party has no objection.

                                   4. Having regard to the facts and circumstances of the

                      case, I deem it fit and proper to extend the time granted to the

                      petitioner to file appeal by a further period of four weeks from

                      today.

                                   5. Accordingly, the present petition stands disposed

                      off with the aforesaid modification in the order dated

                      12.12.2022 passed in CWJC No.742 of 2022.



                                              (Mohit Kumar Shah, J)
kanchan/-

U


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