Patna Court May 1993 Judgments
Shankar Prasad Sahi Vs. State of Bihar and ors.
Court: Patna
Decided on: May-21-1993
S.B. Sinha, J. 1. Whether the homestead land of a landholder can be taken into consideration for the purpose of computation of the ceiling area in terms of Section 4 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred as 'the said Act') is the question involved in this application. 2. Before adverting to the aforementioned question the fact of the matter, in brief, may be noticed. A ceiling proceeding was initiated against the petitioner's family in which apart from other lands, land situated at Mauza Naranga, Mohalla Par Nadi Lakhi Bag, Khata No. 197, Plot No. 1124, area 16 decimals, plot No. 1068, area 1.62 acres, Khata No. 204, Plot No. 1091 area 12 decimals, Khata No. 226, Plot No. 1097 area 2 decimals, old ward No. 10 now 32 falling within the municipal area was included in the ceiling proceedings. Upon the said lands there exists a pucca house wherein the petitioner resides with his family members. Admittedl...
Tag this Judgment!Bihar Rajya Adhivakta Sangh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-21-1993
S.B. Sinha, J. 1. The petitioners in this ''application have questioned a letter dated 16th July, 1992 addressed by the Deputy Secretary of the Revenue and Land Reforms department to the Director Consolidation Bihar Patna wherein the addressee have been directed to postpone the scheme of consolidation operation in the entire State of Bihar purported to be on the basis of a declaration to that effect made by the Chief Minister on (contd. on col. 2)the floor of the Legislative Assembly. 2. The petitioner No. 1 is an association of Advocates generally practising in the Directorate Consolidation. The petitioner No. 2 is the President of the said Association. 3. Admittedly the Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the said Act) has been given effect to by the State of Bihar in large number of village. 4. The following chart will demonstrate the extent of the Consolidation scheme undertaken by the State.Total District u/S. 3 of the ...
Tag this Judgment!Ram Kishore NaraIn Singh and ors. and Devi and ors. Vs. State of Bihar ...
Court: Patna
Decided on: May-21-1993
S.B. Sinha, J.1. Both these writ applications involving common question of law were taken up for hearing together and are being disposed of by this common judgment.2. The petitioners are landholders.Ceiling proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisitioa of Surplus Land) Act, 1961 (hereinafter referred to as the said Act) were initiated against them.3. The fact of the matter involved in both the Writ applications may however, be noticed separately.4. C.W.J.C. No. 8308 of 1991:The petitioners objection under Section 10(3) of the said Act as also an appeal preferred there from having been dismissed, they filed a revision application before the Member Board of Revenue. The said revision application was admitted on 6-3-1991 and order of status quo was passed. The hearing of the said Revision application was concluded before Shri Abhik Ghosh, Additional Member, Board of Revenue and the order was reserved but as the learned Additional Member Board of Revenu...
Tag this Judgment!Sukhdeo Paswan and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: May-20-1993
S.B. Sinha, J. 1. This application is directed against an order dated 8-10-1991 passed in Bataidari case No. 100 of 1991 andother analogous case whereby the Deputy Collector Land Reforms, Manjhaul had dismissed the application of all the petitioners by a common order. 2. The petitioner's claimed themselves to be the agricultural labourers. According to them they are bataidars of the landlord for the last 13 years. The petitioners having been threatened with unlawful ejectment filed applications for a declaration that they are bataidars of the respondent No. 3. 3. The petitioners themselves have contended that 114 such applications has been filed resulting in initiation of 114 different cases. The respondent No. 2 issued notice to the respondent No. 3 and allowed him to file documents. 4. By reason of the impugned order dated 8-10-1991, the Respondent No. 2 has come to' the conclusion that the petitioners have failed to make out a case that they are bataidars of Respondent No. 3 and t...
Tag this Judgment!Bishwanath Tato and ors. Vs. the State of Bihar
Court: Patna
Decided on: May-18-1993
Nagendra Rai, J.1. The petitioners, four in number, have filed the present application for quashing the order dated 1-9-1992, passed by the 1st Additional Sessions Judge, Rohtas at Sasaram, in Sessions Trial No. 234/87, rising out of Sheosagar P.S. Case No. 77/86, by which he has summoned he petitioners under Section 319 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') to face the trial for the offence under Sections 147, 148, 149, 307, 380 of the Indian Penal Code and Section 27 of the Arms act. At the time of admission, the learned Single Judge of this Court ordered that the application be heard by a Division Bench and that is now the matter has been placed before us for disposal.2. The facts giving rise to the present application are as follows. One kapildeo Tato of village Gajawandha lodged a fardbeyan on 8-10-1936 at about 3-10 a.m. before the officer-in-charge, Dehri Police Station, alleging inter alia, that in the same night after taking his meal he was...
Tag this Judgment!(Shri) Bhagwan Singh and ors. Vs. the State of Bihar
Court: Patna
Decided on: May-13-1993
S.H.S. Abidi, J.1. Appellants Shri Bhagwan Singh and Sudershan Singh have been convicted under Sections 302/34 and Section 148, IPC and sentence to undergo for life and two years rigorous imprisonment under the respective counts. They have been further convicted under Section 27, Arms Act and sentenced to undergo rigorous imprisonment for two years. Appellant-Bansudeo Singh had died during the pendency of the appeal and so his appeal has become infructuous. Two of the accused, namely, Bikrama Singh and Krishna Nandan Singh have already been acquitted by the trial court. So remains the appeal of appellants-Shri Bhagwan Singh and Sudersan Singh only.2. A fard-e-beyan (Ext. 1) was given by infornment-Krishnawati Kumari (PW 4) daughter of deceased Rajkeshwar Rai on U-4-1980 at 11.30 P.M. in village Ekwari, police-station Sahar, district Arrah to S. I. Ramesh Kumar Singh (PW 10) saying that on the day of occurrence at about 6 P.M. she along with her father deceased Rajekshwar Raiwas going ...
Tag this Judgment!Managing Committee of Proposed High School Vs. the State of Bihar and ...
Court: Patna
Decided on: May-10-1993
S.B. Sinha, J.1. These three writ applications are directed against an order dated 10-4-1992 (Annexure-2) passed by the Additional Collector and the order dated 16-10-1992 passed by the Additional Member, Board of Revenue and as contained in Anaexure-4 thereto whereby an order of the Collector under the Act directing the respondents to hand over possession of the land which is the subject-matter of a pre-emption proceeding, was set aside.2. An applications for pre-emption in terms of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act) were filed in respect of three deeds of sale.The petitioners allegedly deposited the requisite amount in terms of the provisions of the said Act. An application was file by the petitioner's school directing the respondents to hand over possession in their favour.3. The petitioners have contended that on 21-3-1991 when the preemption application was filed no...
Tag this Judgment!Jagdamba Singh @ Markandya Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: May-06-1993
Nagendra Rai, J.1. This writ application has been filed for quashing the notice dated 4-7-1991 (Annexure-2) issued by the Deputy Collector-in-Charge, Law Section, Rohtas, by which he has asked the petitioner to show cause as to why his licence for rifle, bearing No. 671/5-86 be not cancelled. The petitioner was also informed by the said notice that his licence has been suspended by the District Magistrate with immediate effect and he has been directed to deposit the rifle within a week in the police station or to the authorised arms dealers.2. The necessary facts leading to the filing of the present Writ application are that the petitioner is a holder of licence for rifle granted by the District Magistrate, Sasaram. On 29-7-1989 one Krishnadeo Singh filed a written report before the Officer-in-charge of Baddi Police Station, stating, inter alia, that on the same day, i.e. 20-7-1989, the petitioner armed with rifle along with other five unknown persons armed with fire-arms came at his ...
Tag this Judgment!Durga Cast (i) Private Ltd. Vs. Bihar State Financial Corporation and ...
Court: Patna
Decided on: May-06-1993
U.P. Singh, J.1. In the present writ application under Articles 226 and 227 of the Constitution, the petitioner has prayed fore writ of mandamus to be issued to the respondents commanding them to show cause as to how they are entitled to charge interest on the loan amount granted to the petitioner and as to whether they are not liable to pay damages to the petitioner for non-disbursement of the loan amount in time.2. The petitioner is a private limited liability company. For the purpose of selling up a factory at Tupudana for manufacturing Alloys Steal item in the said factory he applied for a term loan from the respondent Bihar State Finance Corporation. A term loan of Rs. 37 lacs was sanctioned to the petitioner on 16-3-88. Pursuant thereof he entered into an agreement with the respondents and in accordance with the agreement respondents were bound to disburse the term loan of Rs. 37 lacs, as and when required by the petitioner. After obtaining the term loan, the unit of the petitio...
Tag this Judgment!Hari Narayan Pandey Vs. State of Bihar and ors.
Court: Patna
Decided on: May-05-1993
S.B. Sinha, J. 1. These writ applications are directed against an order dated 13-12-1983 passed by the Additional Member, Board of Revenue in Board Case No. 41 of 1983, as also the order dated 31-1-1983 passed by the Additional Collector, Gopalganj in Land Ceiling Appeal No. 4 of 19o2-83 and the order dated 31-3-1979 passed by the Deputy Collector, Land Reforms, in Land Ceiling Case Nos. 13 and 14 of 1978-79 whereby and whereunder all the courts have rejected the petitioner's application for pre-emption.2. The fact of the matter lies in a very narrow compass.3. Plot No. 693 appertaining to khata No. 2 measuring 15 Dhurs originally belonged to one Narsing Pandey who had two sons viz. Mahanth Pandey and Bhagwat Dayal Pandey. The petitioner and respondent No. 7 arc the sons of Bhagwat Dayal Pandey. Respondent No. 7 executed a deed of sale on 8-4-1978 in favour of the respondents 5 and 6, the said deed was registered on 29-7-1978. On the same day another portion of land measuring 3 katha...
Tag this Judgment!- ‹ Prev
- Next ›