Patna Court May 1999 Judgments

Triloki Prasad Singh Vs. State of Bihar and ors.

Court: Patna

Ashok Kumar Ganguly, J.1. The petitioner claims that he was appointed as Assistant Godown Manager in the Bihar State Food and Civil Supplies Corporation Limited (hereinafter called the said Corporation) on 5.6.1981 and was posted at different godowns. It is also the case of the petitioner that at the relevant time between 23.2.1986 and 31.12.1987 the petitioner was made godown incharge of Katra godown at Patna City. The petitioner's case as made out in the writ petition is that the Department of Food and Civil Supplies, Government of Bihar, Patna used to make allotment of the stock of palm oil and rapeseed oil to the said Corporation obtainable from the State Trading Corporation of india (S.T.C.) and thereafter they were distributed to the various districts of the State on getting allotment from the respondent No. 1, the Secretary-cum-Commissioner, Department of Food and Civil Supplies, Govenrment of Bihar, Patna. It is also the case of the petitioner that the said Corporation used to...

Dina Nath Singh and ors. Vs. the State of Bihar

Court: Patna

N.N. Singh, J.1. All these three appeals arising out of judgment of conviction and order of sentence dated 5.2.1986 passed by 5th Additional Sessions Judge, Arrah in Sessions Trial No. 256 of 1982, are being disposed of with this common judgment. As per supplementary affidavit filed in Criminal Appeal No. 129 of 1986 appellants Satya Narayan Singh and Hari Narayan Singh of Criminal Appeal No. 129 of 1986 and sole appellant Radhe Shyam Choubey of Criminal Appeal No. 187 of 1986 died during the pendency of these appeals and as such their appeals stand abated. Now the cases of all four appellants of Criminal Appeal No. 123 of 1986 and of remaining two appellants Hridya Narayan Singh @ Bhola Singh and Jag Narayan Singh of Criminal Appeal No. 129 of 1986 could only be considered.2. The trial Court had convicted deceased appellant Satya Narayan Singh, deceased, appellant Hari Narayan Singh and deceased appellant Radhey Shyam Choubey along with appellants Jag Narayan Singh Yadav and Hridya N...

Jhulan Yadav and ors. Vs. State of Bihar and ors.

Court: Patna

Narbdeshwar Pandy, J. 1. This writ petition has been filed for quashing the impugned orders whereby the claim of the petitioners to can-eel the order of settlement in favour of respondent Nos. 5 and 6 made under the provisions of Section 27 of the Bihar Land. Reforms (Fixation of Celling Area & Acquisition of Surplus Land Act (hereinafter referred to as the Act) and to grant parcha in the name of the petitioner since he is a declared under raiyat of the lands in dispute as per the provisions of Section 48E of the Bihar Tenancy Act (in short 'B.T. Act') was rejected. 2. It would appear from the materials on record that on 31-3-1976 a gazette notifica-tion under Section 15 (1) of the Act was published, declaring the land in dispute along with other lands surplus in the ceiling case No. 37/76-74, which had started against Ramdeo Choudhary and others. 3. As would appear from Annexure 6, the order of the Sub-divisional Officer, Ceiling, Supaul, dated 14-10-1976 that an application was...

Ardeshir Dalal Memorial Hospital Vs. State of Bihar and ors.

Court: Patna

M.Y. Eqbal, J. 1. In this writ application the petitioner has challenged the award passed by the Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 25/89, whereby Labour Court held that the termination of the services of respondent No. 3, Dr. A.P. Rao is illegal and unjustified and, therefore, he is entitled to be reinstated with full back wages and other benefits and continuity of his service. 2. The reference case arose out of Notification dated July 3, 1989 issued by the Government o Bihar, whereby after conciliation the Government referred the purported dispute for adjudication as to whether the termination of the respondent No. 3 was legal and justified. 3. Brief facts of the case of respondent No. 3, (hereinafter referred to as 'the workman concerned') is that he joined Ardeshir Dalai Memorial Hospital (hereinafter referred to as 'the hospital') as Medical Officer on September 1, 1970 and was placed on probation for a period of six months. His further case is that...

Dhaneshwar Bhagat Vs. State of Bihar and ors.

Court: Patna

Reported in: 1999(3)BLJR2002

1. Heard Mr. H. Waris, learned Counsel for the petitioner Mr. Sohail, learned G.P.I. for respondent Nos. 1 to 5 Land Mr. Rajiv Kumar, learned Counsel for respondent No. 6.2. The sole petitioner by this writ petition prays for an appropriate writ or order or direction for quashing the office order contained in memo No. 840, dated 17-7-98 (Annexure-8), whereby the petitioner's transfer from Lohardaga to Gumla has been cancelled, and respondent No. 6 has been brought back to Gumla in complete derogation of the earlier order of transfer contained in memo No. 643, dated 27-12-95 (Annexure-1). According to the petitioner, he was posted at Lohardaga and respondent No. 6 was posted at Gumla, By the said order dated 27-12-95 (Annexure-1), the petitioner and respondent No. 6 had swapped their places. In compliance of the order dated 27-12-95 (Annexure-1), the petitioner had promptly handed over his charge at Lohardaga, and reported in the concerned office at Gumla to take charge. Respondent No. ...

Ratan Singh Vs. State of Bihar and anr.

Court: Patna

M.Y. Eqbal, J.1. Heard Mr. P.S. Dayal, learned Counsel for the petitioner and the learned A.P.P.2. In this application, the petitioner has prayed for quashing of the order dated 18-12-98 passed by Judicial Magistrate, 1st class, Ranchi in RC 19/(A)/93(R) whereby he rejected the petitioner's application for discharge and framed charges under Sections 120B, 402, 467, 468 and 471 of the Indian Penal Code.3. Mr. Dayal, learned Counsel for the petitioner assailed the impugned order as being illegal and wholly without jurisdiction. He firstly submitted that the impugned order is not a speaking order and there is no mention of the place and time where the offence was committed. Learned Counsel further submitted that the Court below has committed an error of record by referring the report of the expert, Calcutta to the effect that the signature of the petitioner was found. It was further submitted that the Magistrate while passing the impugned order and framing charge has failed to take into...

D.A.V. College Trust and Management Society Vs. State of Bihar and ors ...

Court: Patna

M.Y. Eqbal, J.1. This writ application has been filed praying for issuance of an appropriate writ directing respondent No. 4, District Sub-Registrar, Koderma to register the sale-deed for the land situated in plot No. 470, Khata No. 292 measuring an area of 4 acres of village Gomoh, P.S. Telaiya, district-Koderma purported to be executed by respondent No. 5 in favour of the petitioner on a consideration of Rs. 5.51 lacs and further for a writ for quashing the order as contained in memo No. 1184 dated 26-7-97 whereby respondent No. 3, Officer-in-charge, District Revenue Deptt. Koderma fixed the valuation of the property to the tune of Rs. 16 lacs 20,000/- under Section 47-A of the Indian Stamp Act and the rules framed thereunder.2. Petitioner's case is that it is a trust and registered society having its branches throughout India and is engaged in providing education to the people of India. The petitioner-society, with a view to expand its educational institutions, entered into an agr...

Md. QuamruddIn Vs. the State of Bihar and ors.

Court: Patna

S.K. Katriar, J.1. Heard Mr. P.K. Sinha, Senior Advocate for the petitioner, and the learned Government Advocate for the respondents. The sole petitioner has preferred this writ petition with the prayer to quash that part of Notification No. 7670, dated 28-12-98 (Annexure-4), issued by the Minor Irrigation Department, Government of Bihar, whereby respondent No. 6 (Bisheshwar Prasad), Executive Engineer, has been transferred the Minor Irrigation Division; Latehar, which is occupied by the petitioner.2. According to the petitioner, he is an Executive Engineer in the services of the Bihar Government, and his parent department is the Department of Water Resources. By order dated 28-9-97 (Annexure-11 to the Petitioner's rejoinder), the petitioner was transferred from his previous place of posting at Jamshedpur to the Department of Minor Irrigation Division, Latehar. As stated above, his parent department, is the Department of Water Resources, and was by this order taken on deputation by t...

Bharat Coking Coal Limited Vs. State of Bihar and ors.

Court: Patna

M.Y. Eqbal, J.1. In this writ application, the petitioner, M/s. Bharat Coking Coal Ltd., has prayed for issuance of appropriate writ in the nature of certiorari or any other appropriate, writ for quashing the direction of respondent No, 2, Deputy Commissioner, Dhanbad as communicated to the petitioner vide memo No. 1872 dated 1-4-92 whereby the said authority has granted permission under Section 49 of the Chotanagpur Tenancy Act laying down four preconditions which are required to be complied with by the petitioner prior to registration of sale-deed.2. The petitioner, M/s. Bharat Coking Coal Ltd. (shortly B.C.C.L.) is a Government company primarily engaged in the activities of raising cooking coal which is used in Steel Plants, Thermal. Power Stations and other industries. For the purpose of its activities, the petitioner-Company purchased raiyati lands through registered, documents irons time to time from the raiyats who are not members of Scheduled Tribe, Scheduled Caste or Backwar...

Hotel V.i.P. Pvt. Ltd., Dhanbad Vs. State of Bihar and ors.

Court: Patna

S.K. Katriar, J. 1. Heard Mr. Ram Balak Mahto, Senior Advocate, for the petitioner, and Mr. Tara Kant Jha, Senior Advocate, for respondent Nos. 3 and 4. This writ petition is being disposed off with consent of the parties at the admission stage itself. 2. The petitioner is a private Limited Company registered under the Companies Act 1956, and is engaged in hotel business at Dhanbad. It owns the land and the building thereupon which is the subjeet matter of adjudication in this writ petition. The building which accommodates the hotel business of the petitioner has also as tenants a few companies whose offices are situate therein. Portions of the building were demolished at the behest of respondent Nos. 3 and 4 on 23-10-98 and 25-10-98. 3. This writ petition has been preferred with the prayer for issuance of an appropriate writ or order or direction, commanding the answering respondents not to demolish further the petitioner's structure which is situate in a busy commercial area in the...