Patna Court April 2005 Judgments

Neha Kumari Vs. State of Bihar and ors.

Court: Patna

S.K. Kartriar, J.1. Heard Mr. Ram Bilas Mahto for the petitioner, learned JC to GP VIII, and Mr. Shashi Anugrah Narain for respondent No. 2 (Bihar Intermediate Education Council).2. According to the writ petition, the petitioner appeared in the Intermediate Examination held in February 2003, and the results were published. The petitioner's mark-sheet disclosed that she has scored nil marks in Physics Paper II. She had/therefore, applied for scrutiny of the answer-book which was acceded to, and the scrutiniser reported 'No change', which led to the present writ petition. The petitioner complains before this Court that she has done fairly well in Physics Paper II, as other papers which position is manifest from the mark-sheet. She, therefore, prays for re-evaluation of the answer book.3. In view of the order of this Court, learned counsel for respondent No. 2 produced the answer-book of Physics Paper II on 13.4,2005 which indeed has shown that all the pages of the answer-book are blank....

Saraswati Sinha (Smt) and ors. Vs. Shri Nirmal Kumar Gupta

Court: Patna

S.N. Hussain, J.1. Heard learned counsel for the petitioners and learned counsel for the opposite parties.2. The petitioners are defendants of Title Suit No. 486 of 2001 which was filed by the opposite parties for declaration of title and recovery of possession and for other ancillary reliefs.3. The petitioners are aggrieved by order dated 17.12.2004 passed in the aforesaid suit by which the learned Sub-Judge-XII, Patna, rejected the defendants' petition dated 21.7.2004 filed under Order-VII Rule 1 and 1B of the Code of Civil Procedure as well as under Section 11 of the suit Valuation Act, read with Section 7 of the Court Fee Act, challenging the valuation of the suit and payment of ad-valorem Court fees.4. The learned counsel for the petitioners submits that earlier by order dated 16.4.2004 the learned Court below debarred the defendants from filing their written statement and the case was fixed for hearing under Order-VIII Rule 10 of the Code of Civil Procedure. But later after the ...

Tilak Manjhi and ors. Vs. State of Bihar and anr.

Court: Patna

M.L. Visa, J. 1. This application by petitioners has been filed for cancellation of bail granted to opposite party No. 2 by Incharge Chief Judicial Magistrate, Gaya on 3.6.2004 in Alipore Police Station Case No. 4 of 2004 under Section 7 of Essential Commodities Act (In short 'E.C. Act') and under Sections 409/34 of Indian Penal Code (In short 'IPC').2. Brief facts of the case are that on the basis of a written report of Block Development Officer, Tekari forwarding the report of Director, Accounts, Public Administration and Self Employment, District Rural Development Organisation, Gaya, a first information report under Sections 409/34 of IPC and Section 7 of EC Act was drawn against opposite party No. 2 and co-accused Kulwansh Das. The allegation is that co accused Kulwansh Das, a fair price dealer was supplied 220 quintals of rice for the years, 2001-02 and 2002-03 under Rural Employment Scheme. Shri Shiv Kumar Das, son of co accused Kulwansh Das in writing admitted that entire 220 ...

Bihar State Sunni Waqf Board and anr., Vs. the State of Bihar and ors.

Court: Patna

Reported in: 2005(2)BLJR1249

1. Heard the counsel for the petitioner and the counsel appearing for the State.2. In these three writ applications common orders have been challenged by the petitioners passed by the authorities in same case, as such, all these writ applications are being heard and decided by a common order.3. Petitioner No. 1 in CWJC No. 14493 of 2002 is the Bihar State Sunhi Waqf Board and petitioner No. 2 is the Motawalli of petitioner No. 1, petitioner in CWJC No. 102 of 2003 are the legal heirs of Qudisia Bano, whose lands have also been clubbed in the Ceiling Case No. 69 of 1973-1974 and petitioner in CWJC No. 768 of 2003 is the purchaser of lands from Zafar Sadique, petitioner No. 2 in CWJC No. 14493 of 2002, through registered sale deeds executed in the year 1973 to 1979.4. Ceiling Case No. 69 of 1973-1974 was initiated with respect to 107.90 acres of land out of which 66.24 acres are situated in Keoti Anchal and 41.66 acres are situated in Biraul Anchal. Qudisia Bano is the land holder of the...

Arbind Kumar Vs. B.S.E.B. and ors.

Court: Patna

1. Having heard learned counsel Mr. Manu Shankar Mishra appearing for the petitioner and learned counsel Mr. Mihir Kumar Jha appearing for the respondents on the point of limitation and finding sufficient cause for not preferring this review petition within the period of limitation prescribed by law we condone the delay in filing the review petition and proceed to hear learned counsel Mr. Manu Shankar Mishra appearing for the petitioner and learned counsel Mr. Mihir Kumar Jha appearing for the respondents on the point of admission.2. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India bearing CWJC No. 11604/93 in this Court for quashing the order dated 25.9.1993, contained in Annexure 14/1, issued under the signature of the Secretary, Bihar State Electricity Board, Patna cancelling the appointment of the petitioner as unskilled khalasi as well as the consequential order dated 1.10.1993 (Annexure 14) issued by the General Manager-cum-Chief Engin...

Sabita Kumari Vs. State of Bihar

Court: Patna

S.N. Hussain, J.1. Heard learned counsel for the petitioner and learned counsel for the State.2. This writ petition is directed against the order dated 6.12.2004 issued by Medical Officer-in-charge, Primary Health Centre, Barhara, Bhojpur, by which the petitioner was directed to get relieved from there for joining at Referral Hospital, Sahpur Prakhand, Bhojpur, in compliance of order dated 3.12.2004 passed by Civil Surgeon-cum-Chief Medical Officer, Bhojpur at Arrah.3. Learned counsel for the petitioner while challenging the aforesaid order submits that the petitioner was appointed on 1.4.2002 (Annexure-1) as Auxilliary Nurse Mid-wife (ANM) whereafter she was posted at Primary Health Centre, Barhara, on 1.6.5.2002 (Annexure-2). The learned counsel for the petitioner further submits that since the post at Babhangama Sub-Centre of Barhara Primary Health Centre was not a sanctioned post and merely a created post, the Chief Medical Officer, Arrah, vide his order dated 26.11.2002 (Annexure...

Balram Singh Yadav Vs. State of Bihar and ors.

Court: Patna

V.N. Sinha, J.1. Heard learned Counsel for the petitioner, the State and the Private Respondent No. 9.2. Petitioner, who was elected as a Chairman of the Zila Parishad, Supaul, has filed this writ application assailing the requisition dated 7-2-2002, Annexure-1, notice dated 14-2-2002, Annexure-2 and the proceedings of the special meeting of the Zila Parishad dated 26-2-2002, Annexure-3 to this application, whereunder no confidence motion for his removal from the said office has been passed on the ground that the said Requisition, notice and the proceedings of the special meeting is violative of the provisions contained in Sub-section(4) of Section 68 of the Bihar Gram Panchayat Act, 1993 (hereinafter referred to as the Act), which inter alia, provides that requisition for calling a special meeting of the Gram Panchayat to consider the motion of removal against the Adhyaksha and the Upadhyaksha should be submitted to the Adhyaksha and the Upadhyaksha and not directly to the District M...

Chalitar Sahni and anr. Vs. State of Bihar

Court: Patna

Mridula Mishra, J.1. Heard counsel for the petitioners and counsel appearing for the State as well as private respondents in both the cases.2. C.W.J.C. No. 15998 of 2004 and C.W.J.C. No. 489 of 2005 are being heard and disposed of together by a common order. Petitioner in one writ application is respondent in other and dispute is common as well as interrelated in both the writ applications.3. C.W.J.C. No. 489 of 2005 has been filed by the petitioner, Singhwara Anchal Matsyajeevi Seva Swamlambi Shakari Samiti Ltd. (respondent No. 9 in C.W.J.C. No. 15998 of 2004) for quashing the (i) order, dated 30.08.2004, passed by the Commissioner, Darbhanga Division, in Shairat Appeal No. 5 of 2004-2005, whereby direction was issued to adjust the excess amount deposited by the petitioner as reserve jama, towards the remission amount or as amount deposited as instalment for next settlement. (ii) For quashing the order, dated 06.12.2004, contained in memo No. 5 issued by Commissioner, Darbhanga Divis...

Sharda Prasad Sinha Vs. the B.S.E.B. and ors.

Court: Patna

Mridula Mishra, J.1. Heard the counsel for the petitioner and Bihar State Electricity Board.2. The petitioner's case is that he retired on 31.7.1994 as the Deputy Director of Accounts from Barauni Thermal Power Station, Begusarai. After his retirement he was re-employed in service with effect from 7.2.1995 to 6.2.1996. During this period of re-employment no charge was levelled against him. Subsequently on 25.4.1996 a notice was issued to him whereby he was informed that a departmental proceeding has been initiated against him under Rule 43(b) of the Bihar Pension Rules. The memo of charges was served on him indicating that the proceeding has been initiated with respect to an event which took place in the month of March, 1992. Initiation of proceeding was challenged by the petitioner in CWJC No. 4940 of 1996. This writ application was allowed by order, dated 4.2.1998, and the departmental proceeding initiated under Section 43(b) of the Bihar Pension Rules was quashed. In the last line ...

Alpana Sahay Vs. State of Bihar and ors.

Court: Patna

S.K. Katriar, J.1. Heard Mr. Ajay Kumar for the petitioner, and Mr. Ahsanuddin Amanullah for respondent Nos. 2 to 6 (Magadh University)2. According to the writ petition, the petitioner was a student of M.Sc Botany for the session 1996-98 in the Magadh University. She appeared at the examination held in December and January 2000. Photocopy of her mark-sheet is marked Annexure-4 to the writ petition which shows that she has failed in the following three papers :(i) Paper III General Physiology and ecology(ii) Paper IV Taxonomy, Anatomy, Embryology, Cytology and Economic Botany(iii) Cyto Genetics and Plant Breeding.The petitioner has scored 9 out of 100 marks in Paper III. 16 out of 100 marks in paper IV, and 7 out of 100 marks in Paper V. It is further stated in the writ petition that she has a through been a very good student has answered all the questions required to be answered in the three papers. There was, therefore, no question for securing such low marks in the three papers in a...