Jharkhand Court April 2005 Judgments
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Anil Kumar and Niraj Nayan Choudhary Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-19-2005
Reported in: [2005(3)JCR162(Jhr)]
M.Y. Eqbal, J.1. In these two writ petitions, since common questions of law and facts are involved they have been heard together and are being disposed of by this common order.2. Petitioners applied for the posts of Assistants as per the advertisement made by the respondents in the newspaper published on 30.9.2004. Petitioners were issued admit cards for the written examination which was held on 8.11.2004. Petitioners appeared in the said examination. Thereafter, result was published but the petitioners have not been declared successful.3. Mr. Rajiv Ranjan, learned counsel appearing for the petitioner in W.P. (S) No. 6656 of 2004 submitted that as per the advertisement written test in two subjects, namely, General Hindi and General Knowledge of 100 marks each was to be conducted but the respondents conducted written examination of only one subject, namely, General knowledge of 100 marks and did not conduct the examination of General Hindi for the reason best known to the respondents. L...
Ram Sumer Singh Vs. Central Coalfields Ltd. Through Its Chairman and o ...
Court: Jharkhand
Decided on: Apr-19-2005
Reported in: [2005(2)JCR464(Jhr)]
ORDERN.N. Tiwari, J.1. In this writ application the petitioner has prayed for quashing the order as contained in Memo No. GM (PPR) Pars/Retirement/04/2916-24, dated 22.9.2004 passed by the respondent No. 4 (the Staff Officer (P & A) Piparwar Area), whereby the petitioner has been sought to be retired with retrospective effect, alleging that he has reached the date of superannuation on 29.2.2000.2. The grievance of the petitioner is that he was employed as a Senior Security Inspector (P/S No. 12120572) GM Officer, Piparwar, Piparwar Area. Initially he was appointed as general mozdoor on 2.1.1963 and since thereafter he has been successfully rendering his service. According to the petitioner, when he joined, his service book was opened. His date of birth was recorded as 6.7.1946 in the service book. According to the petitioner his date of retirement, on attaining the age of 60 years, is 31.7.2006 but without issuing any prior notice and without giving any opportunity of hearing, the impu...
Narendra Butala Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Apr-15-2005
Reported in: AIR2005Jhar99; [2005(2)JCR557(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. Petitioner seeks a direction upon the respondents particularly respondent No. 3, the District Sub-Registrar, Ranchi to register the sale-deed presented by the petitioner with respect to the land measuring eight kothas, comprised within Municipal Survey Plot No. 1359, Holding No. 35, situated at Lalpur, Ranchi.3. Petitioner's case is that the land originally belongs to Smt. Jasoda Sundari Roy. The said Jasoda Sundari Roy transferred the said land to Smt. Uma Shashi Dasee w/o Jatindra Mohan Chandra by virtue of registered sale-deed dated 20.6.1938. After the death of Uma Shashi Dasee and Jatindra Mohan chandra, their sons inherited the said property and consequently they got their name mutated in the revenue records vide Mutation Case No. 1134 R 27/78-79. Petitioner as an Attorney of the heirs of recorded tenant presented the sale-deed for registration in favour of the vendees. Sub-registrar instead of registering the documents of sale, the same was ...
J.P. Steel Udyog Vs. Jharkhand State Electricity Board, Through Its Ch ...
Court: Jharkhand
Decided on: Apr-15-2005
Reported in: [2005(2)JCR538(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. V.P. Singh, learned Sr. Counsel appearing for the petitioner and Mr. Delip Jerath, learned counsel appearing for the respondent-Board.2. In this writ petition, petitioner seeks a direction upon the respondents not to negotiate or deal with any other person whose tender was not found valid on 10.12.2004 in relation to Tender Notice for sale of iron and steel scrap and further for a direction not to allot tender to any other person.3. Petitioner's case, inter alia, is that respondents published Tender Notice inviting Tender for sale of different articles including iron and steel scrap. As against SI No. 1 of the Tender Notice relating to the sale of iron and steel scrap due date of submission and opening of Tender was 10.12.2004. Tender was required to be submitted in two parts i.e. technical and price bid separately. Petitioner and several persons submitted their Tender and the technical bid of all the tenders were opened by the respondents in presence of repr...
Associated Coke Plant Pvt. Ltd. Vs. Jharkhand State Electricity Board ...
Court: Jharkhand
Decided on: Apr-15-2005
Reported in: [2005(2)JCR550(Jhr)]
M.Y. Eqbal, J.1. Heard Mr. M.S. Mittal learned counsel appearing for the petitioner and Mr. Ajit Kumar, learned counsel appearing for the respondent-Board.2. In this writ petition, petitioner has challenged the order dated 24.1.2005 passed by Consumer Grievance Redressal Forum, Jharkhand State Electricity Board, Ranchi whereby petitioner's case being Case No. 41/2004 has been dismissed and the order dated 22.6.2004 passed by General Manager-cum-Chief Engineer, Dhanbad Electric Supply Area, Dhanbad has been affirmed.3. Petitioner's case is that it received bills on account of Annual Minimum Guarantee (in short AMG) for the period 1992-93, 1993-94 and 1994-95. On receipt of the bills, petitioner alleged to have written a letter dated 30.7.1993 and also submitted its claims for relief in AMG for the period 1992-93. Similarly petitioner alleged to have filed applications under Clause 13 of the HT Agreement for remission in AMG for 1993-94 and 1994-95. Petitioner's further case is that it d...
Bhim Sen Mahato Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-15-2005
Reported in: AIR2006Jhar105; [2005(3)JCR163(Jhr)]
M.Y. Eqbal, J.1. Heard the parties.2. The petitioner seeks a direction upon the respondents for the release of the amount of Rs. 19,800/- deposited in the Court of Land Reforms Deputy Collector, Saraikella in connection with Land Ceiling Case No. 1/2001-2002.3. The facts of the case lie in a narrow compass. The petitioner purchased a piece of land comprising Plot No. 542 Khata No. 6 area 0.28 acre from Smt. Nanki Mahatani on a consideration of Rs. 18000/- by virtue of registered deed of sale dated 11.4.2000. One Pursuram Mahato of the same village filed an application under Section 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 claiming transfer of land to him. He deposited the consideration amount along with 10% i.e. a total of Rs. 19800/- by treasury challan as required under the said provision. The Preemption case being Land Ceiling Case No. 1/2001-2002 was allowed and the petitioner was directed to transfer the land in favour of the...
Krishna Kumar Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-15-2005
Reported in: [2005(3)JCR154(Jhr)]
M.Y. Eqbal, J.1. In this writ petition the petitioner has prayed for quashing the order dated 4.1.2005 passed by the Deputy Commissioner, Palamu by which settlement of Sairat done in favour of the petitioner has been cancelled without hearing the petitioner and further for a direction to the respondents to settle the Sairat No. 15/2004-05 in favour of the petitioner for which the entire process has been completed. A further prayer has been made for initiation of a proceeding under Section 340 of the Code of Criminal Procedure against respondent Nos. 4 and 5.2. Petitioner's case is that respondent No. 3, the Circle Officer, Hussainabad issued a general notice dated 27.5.2004 for settlement of Sairat No. 15/2004-05 for construction of temporary road on Koel River, Mohammadganj for the period 2004-05 and the date of auction was fixed on 12.6.2004. Since the price offered by the participants was low, notice was published and the date was fixed for auction on 31.7.2004. Petitioner's further...
Ashok Chandra Deogharia Vs. Ranchi-khunti Central Co-operative Bank Lt ...
Court: Jharkhand
Decided on: Apr-13-2005
Reported in: [2005(3)JCR103(Jhr)]
Narendra Nath Tiwari, J.1. In this writ application, the petitioner has prayed for quashing the order dated 15.10,1999 (as contained in Annexure-19 to the writ application) passed by the respondent No. 3 whereby the petitioner has been dismissed from service and for a further writ/order directing the concerned respondents to reinstate the petitioner and to pay his salary for the period from 28.11.1994 to 15.7.1998 deducting the amount of subsistence allowance paid to the petitioner and further salary of the petitioner from 15.7.1998 to 15.10.1999, i.e., between the two dismissal orders during the period the petitioner had worked.2. The petitioner had been working as an Assistant Accountant in the Ranchi-Khunti Central Co-operative Bank Ltd. (respondent No. 1). In the year 1994, a first information report was lodged by the respondent No. 2, alleging misappropriation of huge amount by the petitioner. The petitioner was put under suspension by an order dated 28.1.1.1994. A show cause noti...
Central Coalfields Ltd. and anr. Vs. Techno Fuel (India) Ltd. and ors.
Court: Jharkhand
Decided on: Apr-13-2005
Reported in: [2005(3)JCR158(Jhr)]
ORDER1. This application has been filed on behalf of the writ petitioner-respondent No. 1 for vacating the interim order of stay passed in the Letters Patent Appeal on 18th May, 2004.2. The writ petitioner-respondent No. 1 had been granted linkage by M/s. Coal India Limited for initially establishing its Unit at Patratu. The said linkage was valid for two years. Admittedly, the writ petitioner-respondent No. 1 could not establish its Unit at Patratu within the stipulated period of two years and had to shift its Unit to Rohtas, now in the State of Bihar. In the meantime, the Coal Clearance Certificate/linkage expired. The writ petitioner-respondent No. 1 thereafter applied for extension of linkage with the Apex Body, namely, the Managing Committee of the Coal India Limited which in its meeting held on 24th December, 1998 recommended to grant Coal Clearance Certificate to the petitioner's Unit for another six months by extension after obtaining the opinion of the Central Coalfields Limit...
D.A.V. High School Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Apr-13-2005
Reported in: AIR2006Jhar90; [2005(3)JCR111(Jhr)]
ORDERNarendra Nath Tiwari, J.1. In this application, the respondent No. 4/applicant has prayed for vacating the interim order dated 06.05.2003 passed in the writ application WP(S) No. 2135 of 2003, from perusal of the said order dated 06.05.2003, it appears that the notice was issued to the respondent No. 4 and the counsel for the State was given five weeks' time to obtain instructions and file counter-affidavit. The case was fixed for admission for 11th of July, 2003 and the following interim order was passed :'Until further order the respondent No. 4 shall not function, but the petitioner shall pay him the subsistence allowance. The petitioner may also proceed against the respondent No. 4 departmentally and may pass appropriate order in accordance with law, after notice to him subject to the decision of the case.It will be open to the concerned respondents to ask for appropriate modification/clarification of this interim order.' 2. It appears from the record that the respondent No. 4...
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