Patna Court January 2007 Judgments

Ram Raj Singh Vs. State of Bihar and ors.

Court: Patna

Ramesh Kumar Datta, J.1. Heard Mr. Sheikh Arkan Ahmed, learned Counsel for the petitioner and learned J.C. to Standing Counsel No. 11, for the State.2. The petitioner seeks quashing of the order dated 13.6.2000 (Annexure-1) issued by the Circle Officer, Dawath, Rohtas by which a direction has been made for recovery of Rs. 73,083/- being the salary for a period of two years and two and half months from the petitioner, since as per the service book, the petitioner was to retire on 30.4.1998 whereas, he has retired on the basis of the notice of retirement on 15.6.2000.3. The petitioner was appointed as Choukidar by order No. 10/1993-94 dated 1.3.1994 of the District Magistrate, Rohtas at Sasaram. It appears that no document could be produced by the petitioner regarding his date of birth and even in Medical Fitness Certificate dated 26.10.1993 submitted by him at the time of joining, issued by the Medical Officer, Piro, Bhojpur, it is stated that his age, according to his statement, is 45...

Mandar Madhusudan Bahudhandhi Swablambi Sahkari Sammittee Ltd. and anr ...

Court: Patna

Reported in: AIR2007Pat94; 2007(2)CTLJ111Pat

1. Heard.2. The present application has been filed by the petitioners for quashing the order of the Commissioner, Bhagalpur Division as endorsed on the application of intervener dated 20-12-2006 (Annexure-9) and consequential communication thereof from the office of the Commissioner to the Collector and Additional Collector, Banka being communication dated 21-12-2006, as contained in Annexure-9/a. By the aforesaid impugned orders, the settlement of the right to collect rent of Bounsi Mela on behalf of the State which was settled with the petitioners has been ordered to be cancelled and the steps are ordered to be taken for fresh settlement. When the matter was taken up for admission, an intervention was sought to be made on behalf of Nikhil Bahadur Singh and Amar Kumar Singh who professed that It was on their initiative and on their application that the Commissioner had rightly set aside the settlement. They, as such, sought leave to intervene in the matter and file a counter-affidavit...

Rizwan Ahmad Vs. the State of Bihar and ors.

Court: Patna

J.N. Bhatt, C.J.1. In this group of 39 writ petitions under Article 226 of the Constitution of India, the identical issue has been involved. Therefore, upon joint request of learned Counsels appearing for the parties they have been heard together and are being disposed of by this common judgment.2. Learned Counsels appearing for the parties are heard. There is a consensus and as such there is no dispute. The common question which has been raised in this group of petitions has been the non-payment of difference in salary on account of rise in the salary for the period between Ist January, 1971 to 31st March, 1973 pursuant to a Government resolution, dated 9.2.1973, due and payable to the teachers who were working in non-Government schools which were taken over by the Government as Government schools.3. The Government had decided to increase the salary of the petitioners teachers for the aforesaid period but at the same time it was held out that the difference on that amount would not b...

Food Corporation of India Vs. the State of Bihar and ors.

Court: Patna

S.N. Hussain, J.1. Heard learned Counsel for the Food Corporation of India, learned Counsel for M/s Shri Bhagwati Hosiery Pvt. Limited, Bhagalpur as well as learned Counsel for the State of Bihar and its authorities. Both the writ petitions, namely, (i) C.W.J.C. No. 3178 of 2001 and (ii) C.W.J.C. No. 8272 of 2001 have been heard together and are being decided by this common order as both of them have arisen out of the said order dated 18.12.2000 passed by the learned Commissioner, Bhagalpur Division, disposing of House Control Revision No. 03/1994-95 filed by the Food Corporation of India under the provision of Section 26 of the Bihar Building (Lease, Rent and Eviction) Control, 1982 (hereinafter referred to as 'the Act' for the sake of brevity.2. Admittedly, M/s Shri Bhagwati Hosiery Pvt. Limited (hereinafter referred to as 'the Mills' for the sake of brevity) is a registered limited firm and is the owner of the godowns in question, whereas, the Food Corporation of India (hereinafter...

Kahkashan Parveen Vs. the State of Bihar and ors.

Court: Patna

S.N. Hussain, J.1. This writ petition has been filed for quashing order dated 13.09.2006 (annexure-1) passed by the State Election Commissioner (respondent No. 2) in Case No. 41 of 2006 by which the petitioner, who was elected as Mukhiya of Dumri Gram Panchayat (Darbhanga), has been disqualified for not attaining the age of 21 years as per the provisions of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act' for the sake of brevity) and directed that the said post be treated as vacant.2. The admitted fact of this case is that election for various posts under the Act was notified by the respondents and on 27.03.2006 nomination papers were filed by the petitioner for the post of Mukhiya of Dumri Gram Panchayat (Darbhanga) which was scrutinised without any objection raised by any one. Finally, elections were held on 18.05.2006, whereafter the result was declared on 20.06.2006 and the petitioner took oath as Mukhiya on 07.07.2006 as she obtained the highest votes. Subs...

Indian Oil Corporation Limited and anr. and Harinagar Sugar Mills Limi ...

Court: Patna

Aftab Alam, J.1. These two writ petitions challenging the constitutional validity of the Bihar Entry Tax Act were taken up for hearing in light of the direction of the Supreme Court in order dated July 14, 2006 in Jindal Stainless Limited v. State of Haryana : (2006)7SCC271 .2. Having regard to the fact that the law in Bihar underwent many changes during the past six years, it becomes necessary to begin at the beginning and to take a brief look at some developments taking place in the past.3. The Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (Bihar Act 16 of 1993) came into force on August 22, 1993. According to its preamble, the Act provided for levy and collection of tax on entry of goods into local areas for consumption, use or sale therein. Section 2(c) of the Act defined 'entry of goods' as follows:(c) 'Entry of goods' with all its grammatical variations and cognate expressions means entry of goods into a local area from any place out...

Md. Mustafa Vs. Smt. Mahendra Kaur

Court: Patna

P.K. Deb, J.1. This revision petition has been preferred by the above named judgment debtor-petitioner against the order dated 7.11.1992 passed by the Munsif, Jamshedpur in Execution Case No. 24/86, whereby and where under the petition filed under Section 47 C.P.C. was rejected outright without even registering as a Misc. Case.2. The facts of the case are a bit complicated. The decree holder-Opposite party, Smt. Mahendra Kaur filed Title Suit No. 64 of 1974 for declaration of title and recovery of possession of the suit land measuring an area of one bigha three kathas and three dhurs appertaining to portion of plot No. 540 under khata No. 1 of Mouza Pardih. In that suit, the petitioner judgment debtor, Md. Mustafa alongwith one Abdul Sattar were the defendants. The suit was decreed and the decree was sought for execution in Execution Case No. 61/77. In that Case, a compromise petition was filed on 12.2.1984 between the decree holder and one of the judgment debtor, Abdul Sattar. On de...

Most. Sanjna Devi Vs. Amar Yadav and ors.

Court: Patna

Navaniti Prasad Singh, J.1. Heard Mr. Keshav Srivastava and Mr. Shashi Shekhar Dwivedi, learned senior counsel for the parties.2. The petitioner was the obstructor to execution of a decree and had filed Misc. Case No. 18/03 in terms of Order 21, Rule 97 CPC in the Execution Case No. 2/1989 pending before the learned Sub Judge I, Madhubani. The same was held to be not maintainable.3. Being aggrieved by the said decision the present revision application has been filed.4. Mr. Dwivedi learned senior counsel appearing for the decree holder opposite party raised a preliminary objection as to the maintainability of the civil revision application. He submitted that in terms of Order 21 Rule 103 CPC an order passed in such a proceeding is deemed to be a decree and if that be so it is appealable. If an appeal against such an order then in terms of Section 115(2) CPC the order is not amenable to revisional jurisdiction.5. On behalf of the petitioner Mr. Keshav Srivastava. learned senior counsel ...

The State of Bihar Vs. Texmaco Limited

Court: Patna

S.N. Hussain, J.1. Heard learned Counsel for the petitioner (State of Bihar) and learned Counsel For the respondent (Texmaco Limited).2. This writ petition has been filed for quashing order dated 20.04.2000 (annexure-9) passed by the learned designated Judge of this Court in Request Case No. 16 of 1999 under the provision of Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for the sake of brevity) appointing Sri Md. Anisur Rahman, Chief Engineer, Water Resources Department, Darbhanga as an arbitrator on behalf of the State of Bihar (petitioner) and Mr. Justice S.B. Sanyal, a retired Judge of this Court as Arbitrator on behalf of Texmaco Limited (respondent) and also for quashing order dated 30.01.2001 (annexure-11) passed by the said court in MJC No. 2131 of 2000 modifying the above mentioned order to the extent that the said order be treated to have been reiterated as a fresh order of appointment of arbitrators as on 30.1.2001 and further...

Bashistha Choudhary Vs. State of Bihar and anr.

Court: Patna

Ghanshyam Prasad, J.1. Heard.This application under Section 482 Cr.P.C. has been filed to quash the order, dated January 17, 2004 passed by Chief Judicial Magistrate, Darbhanga in S.O. Case No. 546 of 2003, Trial No. 354 of 2004 thereby and thereunder cognizance has been taken against the petitioner and others under Section 10(1)(a) of the Equal Remuneration Act, 1976.2. The complaint petition lodged by opposite party No. 2, Labour Enforcement Officer, Patna goes to show that at the relevant time, this petitioner was posted as Chief Manager, S.B.I., Main Branch, Darbhanga and the other accused Shri K.C. Raut was posted as Chief General Manager, S.B.I., Local Head Office, Patna. On December 10, 2002, the opposite party No. 2 inspected the Branch Office, Darbhanga and found that the accused persons had violated the provision of Section 10 of the Act, 1976 by not maintaining register in Form-D as required under the Act. 3. Accordingly, the opposite party No. 2 on January 21, 2003 issued ...