Patna Court August 2001 Judgments
Ganesh Chandra Jha Vs. Parmeshwar Thakur and ors.
Court: Patna
Decided on: Aug-17-2001
S.K. Katriar, J.1. Defendant No. 18 is the appellant against a judgment of affirmance. This appeal is directed against the judgment and decree dated 28-8-99, passed by the learned 4th Additional District Judge, Madhubani, in Title Partition Appeal No. 69 of 1998 (Ganesh Chandra Jha v. Parmeshwar Thakur and Ors), whereby he has dismissed the appeal of defendant No. 18 (the appellant herein), and has upheld the final decree dated 25-11-98, passed by the learned Munsif 1st Court, Madhubani, in Partition Suit No. 111 of 1971 (Parmeshwar Thakur v. Niranjana Devi).2. The suit was dismissed. The plaintiffs had preferred Title Partition Appeal No. 7 of 1975 against the dismissal of the suit which was allowed by the learned Subordinate Judge, Madhubani, by his judgment dated 20-8-77. He directed that the Pleader Commissioner will carve out the Takhtas with respect to the the possession of the parties as far as practicable. One Shri P.K Sinha was appointed as the Pleader Commissioner who submit...
Tag this Judgment!Bhargava Bhushan Press Vs. Bihar State Text Book Publishing Corporatio ...
Court: Patna
Decided on: Aug-17-2001
S.K. Singh, J. 1. Petitioner is a partnership firm engaged in the business of publication of books. Respondent No. 1, the Bihar Text Books Publishing Corporation Ltd. (hereinafter referred to as 'the Corporation') is an undertaking of Government of Bihar. The Corporation issued notice dated 14-11-2000 inviting Bids/Tenders from eligible Printers and Publishers for supply of different Text Books for District Primary Education programme described as DPEP-III, for the year 2001. The petitioner is aggrieved by rejection of his bid for printing, publishing and supply of different items of text books. Through this writ petition the petitioner seeks quashing of the award of contract given by respondent No. 1 in favour of respondent Nos. 3 to 10. It has also prayed for a mandamus directing respondent No. 1 to award the contract to the petitioner wherever it has tendered the lowest price. 2. In view of nature of the controversy and urgency, since the contracts are of supply of text books fo...
Tag this Judgment!Sweetty Kumari @ Rekha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-16-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioner is aggrieved with the order dated 5-2-2001 passed by the District Magistrate, Patna (respondent No. 3) in Arms Misc. Case No. 2/99, contained in Annexure-1, by which he has rejected the application of the petitioner for grant of licence of N.P. Bore Rifle.2. According to the case of the petitioner, on 9-8-1995 she filed an application for grant of licence of N.P. Bore Rifle before respondent No. 3, on which the District Arms Magistrate, Patna called for a report from the Officer Incharge, Patrakarangar Police Station on 19-9-1995. The Officer Incharge, in turn, made recommendation for grant of said arms licence on 20-8-1996, which was also forwarded and recommended by the Dy. S.P. Sadar on 25-2-1997 (Annexure-4). Petitioner's further case is that when respondent No. 3 did not dispose of her application for grant of, arms licence, she filed writ petition being C.W.J.C. No. 5216 of 1999, which was disposed of by this Court v...
Tag this Judgment!Bihia Shahpur Thana Matsyajivi Sahyog Samiti Limited Vs. the State of ...
Court: Patna
Decided on: Aug-09-2001
S.K. Katriar, J.1. This writ petition is directed against the order dated 15-3-2001, (Annexure-4), passed by the Collector of Bhojpur, Ara, in Shairat Case No. 2 of 2001 -2002 (Re: Suhia Bhagar settlement), whereby the petitioner has been deprived of the settlement of fishing rights in the Jalkar in question, namely, Suhia Bhagar, for the period 1-4-2001 to 31-3-2002, and has instead allotted to respondent No. 4 herein on annual licence fee of Rs. 6,25,000.2. The petitioner is a Co-operative Society registered under the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as 'the Act'). Suhia Bhagar is a vast expanse of water being an off-shoot of river Ganga in the district of Bhojpur. The petitioner had obtained fishing rights of this Jalkar continuously for a period of three years as follows: Year Reserve Jama Settlement amount 1998-99 5,18,650.00 5,18,650.00 1999-2000 5,18,650.00 5,18,650.00 2000-2001 5,18,650.00 5,18,650.003. According to the procedure established by t...
Tag this Judgment!Md. Mehandi Imam @ Mehdi Imam Vs. State of Bihar and ors.
Court: Patna
Decided on: Aug-09-2001
Narayan Roy, J.1. Heard Mr. Navin Sinha, learned Counsel appearing on behalf of the petitioner and Mr. V.N. Sinha, Government Pleader No. 9 for the State.2. This question, which has fallen for consideration in this writ application, is as to whether the petitioner, who at one point of time was a lessee from the State of Bihar under the provisions of the Bihar Government Estates (Khas-Mahal) Manual, 1953 (hereinafter to be referred to as 'Khas-Mahal Manual'), could have been evicted by a summary proceeding without resorting to the provisions of Rule 22 of the Khas-Mahal Manual even after the period of lease had expired long back.3. The short facts giving rise to this writ application, which emerge from the facts enumerated in the writ application and the counter-affidavit, are as under:It appears that a piece of land measuring 12'x 25' having an area of 300 sq. ft. situate in village Moharrampur under Kotwali Police Station in the District of Patna, being part of Municipal Survey Plot ...
Tag this Judgment!Mithilesh Sharma Vs. Sheo Dulari Kuer and ors.
Court: Patna
Decided on: Aug-08-2001
Someshwar Nath Pathak, J.1. This appeal is directed against the order dated 6-2-1996 passed by Sri J.N. Sardar, Sub-Ordinate Judge-I, Jehanabad in Title Suit No. 29 of 1995. The defendant 2nd set of the suit is appellant here.2. The case of the plaintiff-respondents in the lower Court was that there was one Dhanushdhari Singh who had certain properties and this Dhanushdhari Singh had a son Chhotu Singh who came in possession of his father's property, after his death. Chhotu Singh was married to one Engurbaso Devi who had two daughters, namely, Ajab Dulari (Defendant No. 1) and Shiv Dulari Kuer (Plaintiff No. 1). It was further pleaded by the plaintiff-respondents that Chhotu Singh was a religious minded person and he had no male issue and, therefore, he had devided his property in three sets. One part of the share was retained by himself and one part was dedicated to the idols installed by himself. The 3rd part of the property was gifted to his wife (Engurbaso Devi) by registered sale...
Tag this Judgment!Ram Chandra Ram and ors. Vs. Smt. Gayatri Devi
Court: Patna
Decided on: Aug-08-2001
S.N. Pathak, J.1. This second appeal directed against the judgment and decree passed by the 4th Additional District Judge, Gaya on 20th August, 1987 in Title Appeal No. 73/86, 1/87 affirming the judgment of the trial Court passed by the Additional Munsif-II, Gaya in Title Suit No. 83 of 1985/79 of 1986. The defendant of the suit is appellant before this Court.2. The case of the original plaintiff-appellant was that she had purchased the suit land, as described in Schedule-I of the plaint, in the year 1968 and constructed a house over the same. The defendant-appellant had also purchased her land from the same vendor and she also constructed her house. Both the, plaintiff's and defendant's houses were situated in front of each other and in between the aforesaid two houses, the common vendor had left six feet wide road, running from north to south. This private passage between the houses of the parties originated from the Ramdaspur road in the south and it went upto the Municipal lane on...
Tag this Judgment!Hazari Prasad Roy Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-08-2001
Nagendra Rai, J.1. The petitioner has filed the present writ application for a declaration that he may he allowed to continue as a member of the Block Panchayat Samiti as well as a member of the Zila Parishad at the same time after his election to the said posts and the direction issued by the State Election Commission in exercise of the power under Rule 121 of the Bihar Panchayat Election Rules (hereinafter referred to as 'the Rules'), as contained in Memo No. 4563 dated 24-5-2001 in Clause (da) providing that if one candidate has been elected for more than one post in the Panchayat Election then, he will be administered oath on all the elected posts but within fifteen days of taking oath the candidate has to express his willingness to continue on one post in writing to the concerned authority and, thereafter, his election to other posts shall stand cancelled, is invalid as the same is contrary to the provisions contained in Section 139(3) of the Bihar Panchayat Raj Act, 1993 (herein...
Tag this Judgment!Pramod Narayan Sinha Vs. the State of Bihar and ors.
Court: Patna
Decided on: Aug-08-2001
Radha Mohan Prasad, J.1. In this writ petition, the petitioner has sought for quashing of Sub-clauses (Gha) and (Cha) of Special Condition No. 1 of the notice inviting tender dated 20th July, 2001, issued by the Executive Engineer, N.H. Works Division, Biharsharif, contained in Annexure 1, and has further sought for amendment/ modification in the said condition in the line of the notice inviting tender dated 5th June, 2001, issued by the same Executive Engineer for similar nature of contract work, contained in Annexure 3, and to allow him to participate in response to the impugned tender. Under Sub-clause (Gha) of the impugned tender, the tenderers are required to file certificate that in the last annual turnover of three years, the turnover for one year is of over three and half crores, certified by the Chartered Accountant and under Sub-clause (Cha), the tenderers are required to furnish the certificate from the rank of at least Executive Engineer that in the last three years he had...
Tag this Judgment!Bidya Nand Shah and anr. Vs. Kishundeo Sharma and anr.
Court: Patna
Decided on: Aug-07-2001
S.K. Katriar, J.1. The defendants second set are the appellants against a judgment of reversal. This appeal is directed against the judgment and decree dated 17-5-96, passed by the learned 2nd Additional District Judge, Khagaria, in Title Appeal No. 2 of 1993 (Krishnadeo Sharma v. Jitni Devi), whereby the plaintiffs' appeal was allowed, the judgment and decree dated 5- 3-93, passed by the learned 1st Subordinate Judge, Khagaria, in Title Suit No. 80 of 1986 Krishnadeo Sharma v. Jitni Devi, has been set aside, and the suit has been decreed. The defendants second set (the appellants herein) are purchasers from defendants first set. The plaintiffs are the respondents herein. We shall go by the description of the parties before the trial Court.2. The plaintiffs instituted the suit for declaration that the plaintiffs are the sole surviving heirs of Late Dahu Sharma @ Dahu Das, to set aside the registered sale deed dated 21-7-80 executed by defendant first party (Jitni Devi), in favour of d...
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