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Patna Court July 2000 Judgments

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Jul 05 2000

Santu Lal Gupta Vs. Bihar State Financial Corporation and ors.

Court: Patna

Decided on: Jul-05-2000

M.Y. Eqbal, J. 1. Pursuant to the judgment and order of remand passed by a Division Bench in LPA No. 475/99 (R), I have heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent Bihar State Financial Corporation. 2. In this writ application the petitioner has prayed for quashing the sale order dated 20-2-1998 as contained in Annexure 4 to the writ application, whereby the assets of the petitioner's factory had been sold and the same was purchased by the respondent No. 4. 3. The petitioner, a physically handicapped person, was sanctioned a sum of Rs. 50,000/- by the respondent State Financial Corporation (hereinafter referred to as 'the Corporation'). Although the loan amount was sanctioned in 1980 but out of the sanctioned amount a sum of Rupees 9800/- was disbursed in 1981 and further a sum of Rs. 6000/- was disbursed in 1982. Accordingly, a total sum of Rs. 15,000/- as against the total sactioned amount of Rs. 50,000/- was disbursed by...


Jul 04 2000

Krishna Chandra Rai Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Patna

Decided on: Jul-04-2000

1. The applicant, being an employee under the Eastern Railway, has filed the instant OA for direction upon the respondents Railway for refund of a total sum of Rs. 46,387/-, being the penal rent already realised from him during the period from 1stJuly, 1979 to 1st May, 1994, for his continued occupation and retention of the railway quarters bearing No 414/A, situate at New Colony, Post Office Road, Khagaul, Patna, under Danapur Division of Eastern Railway.2. The applicant's case, in short, is that while he was working on the post of Guard at Danapur, under Danapur Division of the Eastern Railway, he was allotted a railway quarters No. 414/A at Danapur with effect from 17th July, 1977. Subsequently, on 6th June 1979, the applicant was transferred from Danapur to Garhara, under the same Danapur Division of Eastern Railway. After lapse of a little more than two years, the applicant was transferred back from Garhara to Danapur, vide office order dated 31st December, 1981. There was yet an...


Jul 04 2000

Bihar Foundry and Casting Limited Vs. State of Bihar and ors.

Court: Patna

Decided on: Jul-04-2000

Choudhary S.N. Mishra and A.K. Prasad, JJ.1. After having heard the earned Counsel for the parties and going through the pleadings filed on their behalf, this Writ application is being disposed of at the time of admission itself.2. In this Writ application, the prayer of the petitioner is for quashing the order dated 6.8.1999 passed by the Deputy Commissioner of Commercial Taxes, Hazaribagh Circle, Hazaribagh (Respondent No. 4), whereby he has refused to grant exemption certificate to the new industrial unit of the petitioner-Company known as 'Gautam Ferro Alloys' from payment of Sales Tax on purchase of raw materials under Notification No. S.O. 478 dated 22.12.1995 (Annexure 2), From perusal of the order under challenge, it appears that prayer of the petitioner has been rejected on two grounds; Firstly, that Gautam Ferro Alloys is part and parcel of the Bihar Foundry and Casting Ltd. Rolling Mill Division, at Murar which is already enjoying the benefits of the Scheme; Secondly, the p...


Jul 04 2000

Raghu Nandan Ram Vs. State of Bihar and ors.

Court: Patna

Decided on: Jul-04-2000

M.Y. Eqbal, J.1. In the instant writ application, the petitioner has prayed for issuance of appropriate, writ/order or direction for quashing the order dated 18.4.2000 passed by the Forest Commissioner-cum-Secretary of the Department of Forest & Environment in Case No. VANMUK (C)-26/98 whereby he has set aside the order dated 23.9.1998 passed by the Deputy Commissioner, Hazaribagh being the appellate authority in Confiscation Appeal No. 34/97. BY the said order dated 23.9.1998, the Deputy Commissioner as appellate authority ordered for release of the vehicle in favour of the petitioner.2. The facts of the case in a nut shell is that a Maruti van belonging to the petitioner was seized by the Forest Officials on the allegation that about 5 legs, of Katthas (Khair) was found in the dicky of the Maruti van. After making seizure a police case was registered being Case No. 692/96. Besides criminal case, a Confiscation proceeding was initiated being Confiscation Case No. 6/96 and show-cause ...


Jul 03 2000

Anju Das and ors. Vs. State of Bihar and ors.

Court: Patna

Decided on: Jul-03-2000

Aftab Alam, J. 1. There are six petitioners before this Court who are the settlees/occupants of different flats in Blocks 'I' and 'J' situate at Rajendra Nagar, a residential colony in the town of Patna. They seek to challenge the allotment of a piece of land with the dimensions of 65' x 32' (hereinafter referred to as 'the disputed piece of land') in favour of respondent No. 4 by the Patna Regional Development Authority (hereinafter referred to as 'the Authority') by its resolution No. 8/91 taken in its meeting, dated 14-3-1991. 2. The disputed piece of land was admittedly carved out of plot No. 1 which was shown in the Master Plan as part of the larger piece of land over which were constructed two double storied buildings (blocks 'I' and 'J') each containing six flats. 3. It is the case of the petitioners that plot No. 1 provided the open space in front of the two blocks of flats and was intended to be used as common facility by the settlees/ occupants of the flats in the two block...


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