Patna Court April 2001 Judgments

Ashok Kumar Nirala Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J.1. Heard Counsel for the petitioner and JC to GP8 for the respondents.2. By this writ application, the petitioner has prayed for quashing the order, as contained in letter No. 1355 dated 28-10-2000, by which the petitioner has been asked to show cause regarding his appointment/promotion on the post of peon in D.N. High School, Muzaffarpur and as to why his services should not be terminated.3. Short facts giving rise to this application are as follows:The petitioner initially was appointed as Class IV employee with effect from 20th January, 1988 after proper advertisement, interview and selection and since then he was working and getting regular salary from the school in question. Subsequently, the appointment of the petitioner was confirmed on 19-8-1992. Later on, on the basis of recommendation of the Sub-divisional Education Officer as well as the headmaster of the school, the District Education Establishment Committee in its meeting dated 6-5-1995 promoted the petitio...

Babulal Chaudhary Vs. State of Bihar and ors.

Court: Patna

Someshwar Nath Pathak, J.1. This miscellaneous appeal is directed against the judgment of 11th Additional District Judge, Gaya dated 31st January, 1994 passed in Title Appeal No. 28 of 1991/8 of 1992.2. The facts giving rise to this appeal, in brief, are that the aforesaid title suit was filed by Bihari Sahu and others who are respondents 2nd set of this-appeal. The suit was dismissed after full hearing on all issues. Subsequently, first appeal was filed by the plaintiff-respondents and, in this appeal, the Additional District Judge, by his impugned judgment, set aside the judgment of the trial Court and directed that the plaint be returned to the plaintiff-appellants (here respondents) for filing it afresh after due service on notice under Section 80, C.P.C. upon the State of Bihar which was also a defendant of the title suit concerned.3. Before me, it was submitted that the plea of non-service of notice was neither raised nor decided by the trial Court. In the first appeal before th...

Swarn Rekha Cokes and Coal Pvt. Ltd. Vs. State of Bihar and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. In this application petitioner has prayed for a direction to the concerned respondents to give continuing effect to the exemption certificate dated 12.9.1997, which was granted to the factory of the petitioner by Assistant Commissioner, Commercial Taxes, Madhubani by notification dated 22.12.1995. Prayer has been made to allow incentive and benefits granted thereunder to be continued to the petitioner till 20.12.2006 for purchasing tax free raw material from the BCCL. Dhanbad as per the linkage order issue by the General Manager (CT), Central Mine Planning and Design Institute Limited contained in his letter dated 27.12.1998.2. There is no denial of the fact that the petitioner's factory having permanent Industry Registration Certificate No. 30302875 dated 17.2.1997 was granted a Sales Tax Registration Certificate and the same is dated 8.7.1997. In view of the Industrial Policy of 1995 the petitioner was granted an Exemption certificate dated 12.9.1997 as con...

Bindeshwari Prasad Vs. State of Bihar

Court: Patna

Indu Prabha Singh, J.1. Mr. Sunil Kumar counsel for the appellant has stated that he has received no instruction from his client, as such, he does not want to press this application. In such a situation Mr. Chandra Shekhar Jha is appointed as amicus curiae to assist the Court.2. The sole appellant has been convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprison-ment for two years. He has been further convicted under Section 325 of the Indian Penal Code and sentenced to undergo rigorous Imprisonment for three years with a fine of Rs. 500/-, in default, to undergo rigorous Imprisonment for six months. A direction has been given that if and when the fine will be realised, Rs. 300/- will be paid to the informant by way of compensation.3. The prosecution case in short is that the informant had grown vegetables like lady finger, pumpkin, chilli etc. in plot No. 775 appertaining to Khata No. 502 situated south to the house of the informant. It has been...

Asian Circus Vs. State of Bihar and ors.

Court: Patna

Reported in: AIR2001Pat156

1. The petitioner is a professional circus group. It moves from place to place, putting up circus shows under the name and style of Asian Circus. It claims to be affiliated to the Indian Circus Federation as one of the bona fide. Indian Circus units.2. The petitioner Asian Circus is at present camping at Mairwa under Mairwa police station in the district and sub-division of Siwan. It came there on 30-1-2001, intending to put up its shows there. It is, however, unable to put up its shows at Mairwa for want of written permission from the Dist. Magistrate, Siwan. It is stated on behalf of the petitioner, and not denied by the State, that the petitioner Asian Circus has entered into an agreement with a certain Gopal Jee Narain Shahi for setting up camp, circus enclosure, cycle stand etc. on plot No. 212 being the Raiyati land of the aforesaid Gopal Jee Narain Shahi and the petitioner does not intend to use any public land for holding its shows.3. It is also not in dispute that earlier by o...

Dinanath Singh Vs. State of Bihar and ors.

Court: Patna

S.K. Chattopadhyaya, J.1. As a common question of law is involved in both these two writ applications, with consent of the parties, they have been heard together at the admission stage and are being disposed of by this common order.2. On a preliminary objection raised on behalf of respondent No, 5 regarding maintainability of these writ applications for non-joinder of the transferors of the petitioner as party respondents, two separate applications have been filed by the petitioner during course of hearing with a prayer to make them as party.3. The petitioner after purchasing the land in question by separate sale-deeds on 19-11-1988 subsequently gifted some portion of the land to his sister's son (BHAGINA) on 11-6-1989. After the gift the donee (respondent No. 6) came in possession of those lands.4. Respondent No. 5 filed two separate petitions for pre-emption under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter to b...

Vijay Kumar Pandey Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J.1. Heard Counsel for the parties in the main writ application and in the intervention application being Interlocutory Application No. 342 of 2001.:2. In the facts and circumstances of the case, the intervention application in Interlocutory Application No. 342 of 2001 is allowed and the intervenors are allowed to be added as intervenor respondents. The intervention application shall not form part of this writ application.3. The writ petitioner by this writ application has prayed for quashing the order dated 29-11-2000 pertaining to memo No. 2164, issued by respondent No. 3, as contained in Annexure 1, whereby and whereunder the promotion of the petitioner on the post of Science Graduate Teacher with effect from 11-4-1983 has been cancelled. A further has also been made to quash the follow-up order dated 5-12-2000, as contained in Annexure 2, whereby respondent No. 3 has directed respondent No. 4 to take action to adjust the amount already paid to the petitioner on accoun...

State Election Commissioner Vs. State of Bihar and ors.

Court: Patna

Nagendra Rai, J. 1. All these appeals are directed against the order passed by a learned single Judge in a batch of writ applications disposed of on 13-3-2001, directing the District Election Officers to prepare supplementary voters' lists if the matter is brought to their notice by 18-3-2001 that hundred or more electors whose names appear in the electoral rolls for the last election to the State Legislative Assembly are missing rom the voters' lists prepared and finalised from the concerned Gram Panchayats for holding the impending Panchayat elections and further directing to provide for additional ballot papers on the polling booths on the date already fixed for election in that territorial constituency and the entire exercise to be done before the date fixed for polling in a particular Gram Panchayat constituency. However, it has been further ordered that the supplementary voters' lists will not be used for filing nominations or for restoration or revival of a nomination paper ea...

The State Election Commissioner Vs. State of Bihar and ors.

Court: Patna

Nagendra Rai, J.1. All these appeals are directed against the order passed by a learned Single Judge in a batch of writ applications disposed of on 13-3-2001, directing the District Election Officers to prepare supplementary voters' lists if the matter is brought to their notice by 18-3-2001 that hundred or more electors whose names appear in the electoral rolls for the last election to the State Legislative Assembly are missing from the voters' lists prepared and finalised for the concerned Gram Panchayats for holding the impending Panchayat elections and further directing to provide for additional ballot papers on the polling booths on the date already fixed for election in that territorial constituency and the entire exercise to be done before the date fixed, for polling in a particular Gram Panchayat constituency. However, ft has when further ordered that the supplementary voters' lists will not be used for filing nominations or for restoration or revival of a nomination paper ear...

Ram Raj Pandey Vs. State of Bihar and ors.

Court: Patna

Radha Mohan Prasad, J.1. In this writ petition, petitioner is aggrieved by the order of the Sub-Divisional Agriculture Officer, Saran, Chapra, contained in Memo No. 154 dated 5th September, 1998 (Annexure-16), whereby and whereunder a sum of Rs. 16,006.62 has been found to be recoverable from him.2. Petitioner retired as Farm Assistant from Agriculture Department on 23-2-1994. A sum of Rs. 16,007/- was deducted from his gratuity. He being aggrieved by it filed C.W.J.C. No. 13035 of 1996 in this Court. It appears that the said deduction was made under three different heads vide order passed by the Joint Director of Agriculture, Saran Division, Chapra without even affording any opportunity to him. This Court vide order dated 6-1-1998, contained in Annexure-12, quashed the order whereby deduction for the said amount was passed. The Court, however, directed that if the authorities want to deduct any amount then they should given an opportunity of hearing to the petitioner and thereafter w...