Patna Court May 2009 Judgments

Radha Krishna Sah, Son of Bansh Bihari San Vs. the State of Bihar,

Court: Patna

Navaniti Prasad Singh, J.1. The petitioner is a licensee for distribution of grains under the Public Distribution System. On certain inspection and allegation, while suspending his licence, a proceeding for cancellation of his licence was initiated by the Subdivisional Officer, Dumraon, district - Buxar. The petitioner responded by filing a detailed show cause. The licensing authority, who is a statutory authority and who had issued the notice and to whom the show cause was filed, referred the matter to the Block Supply Officer for his opinion. The Block Supply Officer made enquiries as to the defence of the petitioner and the allegation against him and gave an opinion adverse to the petitioner. On the opinion being so filed, as apparent from the impugned order of the Subdivisional Officer dated 01.11.2007 (Annexure-3 to the writ application), the Subdivisional Officer, without disclosing the said report to the petitioner, merely accepts the report and the opinion of the Block Supply O...

Umesh Kumar Paswan and Etc. Vs. Union of India (Uoi) and ors.

Court: Patna

ORDERNavaniti Prasad Singh, J. 1. Petitioners in both these cases are aggrieved by the communications dated 9-3-2009 and 12-3-2009 of the Divisional Rail Manager (Commercial), Samastipur by which the private-respondent, Ram Babu Choudhry has been selected for settlement of Cycle-cum-Scooter stand and Taxi stand respectively at Darbhanga Railway Station, for the purposes of collection of a parking fee for a period of 3 years, which was to commence from 1st April, 2009.2. The private-respondent, Ram Babu Choudhary has since appeared and filed counter- affidavits in both these cases. Railway have filed their comprehensive-counter affidavit in the first case that is C. W. J. C. No. 3647 of 2009 and agreed that it may also be treated as a counter-affidavit in the second case as well. Pending final disposal of the writ proceedings under orders of this Court Railway itself is doing the work of managing the parking lots.3. Pleadings being complete, with consent of parties the writ applications...

Ajit Prasad S/O Late Mankeshwar Prasad Vs. the State of Bihar Through ...

Court: Patna

Navaniti Prasad Singh, J.1. In regard to distribution of materials under the Public Distribution System under the Antoday Scheme, enquiries were made against the petitioner. The Subdivisional Officer, on being satisfied about various derelictions committed by the petitioner, directed institution of a first information report against the petitioner. Accordingly on 19.04.2008, Thawe Police Station Case No 36 of 2008 was registered for an offence allegedly committed by the petitioner which was punishable under Section 7 of the Essential Commodities Act. The first information report having been lodged in terms of Clause 7 (iii) of the Bihar Fair Price Shop Order 2007, petitioner's licence was suspended by order dated 21.04.2008 of the Subdivisional Officer, Gopalganj. That is impugned in the present proceedings on two grounds. Firstly, under the said order, no licence can be suspended without issuance of show cause notice and secondly if the licence is suspended because of institution of c...

Ashok Kumar Singh and ors. Vs. Shanti Devi and ors.

Court: Patna

ORDERDharnidhar Jha, J.1. The present revision petition raises an issue of law as to whether any Subordinate Judge, other than Subordinate Judge-I, of a District could be treated as the 'Principal Civil Court of original jurisdiction in the District' as appearing in the definition of the term 'Court' in Section 2(e) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act).2. It appears that a Partition Suit bearing No. 94 of 1981 was filed by late Bhupal Singh and others in the Court of Subordinate Judge-I, Muzaffarpur, for partition of Schedule 1 and 2 properties as per description in the plaint in which late Raj Narain Singh was the defendant and on account of whose death his legal representatives were brought on record. It appears from the impugned order that the parties decided to opt for arbitration and appointed their own arbitrators and placed the fact of going to arbitration by appointing arbitrators through several petitions filed before the Court whi...

Dharampal Satyapal Ltd, a Company Incorporation Under the Companies Ac ...

Court: Patna

Reported in: AIR2009Pat175

Sudhir Kumar Katriar, J. 1. Common issues have been raised in this batch of writ petitions, have been heard together, and are being disposed of by a common judgment. The representative facts shall be drawn from C.W.J.C. No. 10145 of 2001 (Dharampal Satyapal Ltd. and Anr. v. the State of Bihar and Ors.).2. A brief narration of facts essential for the disposal of the writ petitions may be indicated. The Petitioners call in question different notices contained in Annexure 6, 7 and 9, issued by respondent No. 4 (The Secretary, Agriculture Produce Market Committee, Musallahpur, Patna) (for short Market Committee), whereby the writ petitioners have been assessed to pay market fee on 'Zafrani Zarda' under the provisions of the Bihar Agriculture Produce Market Act, 1960 (for short 'the Act'). The petitioners have also called in question the notification dated 18 th July, 1991, under Section 39 of the Act, and published in the official gazette on 31st July 1991, whereby the schedule appended to...

Awadheshwari Prasad NaraIn Singh and ors. Etc. Vs. Priti Garments and ...

Court: Patna

Reported in: AIR2009Pat124

ORDERSheema Ali Khan, J.1. The plaintiffs-petitioners are the landlords who had filed a suit for eviction from a shop situated in a building known as 'Vishwash (Amawan House)' situated in North Krishnapuri in the town of Patna.2. The suit for eviction has been filed on the ground of personal necessity under Section 11(1)(C) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'Act') and hence the suit is being filed under Section 14 of the Act.3. By the impugned order dated 20-1-2009 the Munsif, III, Patna has allowed the opposite party No. 4 to be added as party in place of his mother Smt. Rajyashree Sinha who died during the pendency of the suit along with the partners of M/s. Priti Garments having the business in the name and style of M/s. 'Bachpan His and Her's' who have been impleaded as defendants 2 to 4.4. The eviction suit was filed in the year 2001. It would be important to state a few facts with respect to title eviction suit No. ...

The Bihar Public Service Commission, Through Its Secretary, Vs. Mukesh ...

Court: Patna

S.K. Katriar, J.1. The Bihar Public Service Commission (hereinafter referred to as 'the Commission') has preferred this batch of six appeals against a common judgment dated 30.1.2009, passed by a learned single Judge of this Court, whereby he has allowed the six writ petitions, has set aside the Preliminary Test (hereinafter referred to as 'P.T.') of the combined competitive examination for the 48th to 52nd batches for the reasons to be discussed hereinafter, and has directed the Commission to hold fresh P.T. The six writ petitions raised common issues of facts and law, were disposed of by a common judgment, and the appeals are being disposed of by a common judgment. The basic facts shall be drawn from CWJC No. 11858 of 2008 (Mukesh Kumar Singh v. State of Bihar and Ors.), as well as LPA No. 178 of 2009, unless needed by specific reference to a particular writ petition or appeal.2. The Commission issued advertisement No. 4 of 2007, which was published in the local dailies on 6.11.2007,...

Chandradeo Prasad Son of Late Ram Jee Prasad Vs. the State of Bihar Th ...

Court: Patna

Navaniti Prasad Singh, J.1. A counter affidavit has been filed by the State, which is not on the record.2. Learned Counsel for the State has made over a copy for Court's perusal.3. Both parties agree to proceed with the matter.4. Let office search counter affidavit and place it on record.5. In the counter affidavit it is stated that on 3.1.2006 respondent-Chief Engineer No. 1 had considered the claim of the petitioner and rejected it. The order of the Chief Engineer as sent to the Executive Engineer is Annexure A to the counter affidavit. I am indeed surprised that such an order can be passed by supposedly such a responsible officer. If I may sum up in one line the order is- 'my officers failed to discharge their duty properly, as such I punish you by depriving you of your payment.'6. The facts are thus. The petitioner was given contract to repair certain road. As per agreement the work had to be completed by 5,5.1999. The work on completion had to be certified by the Executive Enginee...

Saraswati Fertilizer, Karmalichak Through Its Proprietor Birendra Sing ...

Court: Patna

Navaniti Prasad Singh, J.1. The petitioner is aggrieved by order of cancellation of his certificate of registration to deal in fertilizer as communicated to him by the District Agriculture Officer, Patna under his Memo No. 634 dated 18.04.2009 (Annexure-2). A mere perusal of Annexure-2, the impugned order, clearly shows that though the District Agriculture Officer is the registering authority so far as petitioner is concerned but he has passed the order pursuant to directions of the Director of Agriculture, Bihar, Patna. I am afraid such an order cannot be sustained. Under the Fertilizer Control Order 1985, the Director of Agriculture is the registering authority so far as licences for the entire State of Bihar are concerned. He is not the registering authority where licences are for districts. Petitioner's registering authority was the District agriculture Officer. If any action was to be taken, the jurisdiction squarely lies wholly and exclusively on the District Agriculture Officer ...

Ramayan Sah Son of Parma Sah Vs. State of Bihar Through C.B.i.

Court: Patna

Sheema Ali Khan, J.1. The sole appellant Ramayan Sah, the then Health Inspector, North Eastern Railway, posted at Sonepur has challenged the judgment dated 24th July, 1998 by which he has been convicted under Section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and further convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 to undergo imprisonment for two years and also to pay a fine of Rs. 1000/- in default of which to undergo imprisonment for three months.2. Nagendra P.W. 7 filed a complaint on 16.12.1985 alleging therein that the appellant Ramayan Sah had demanded Rs. 40/- to be paid to him on a monthly basis for allowing the said Nagendra who was a temporary 'Safaiwala' to continue in service. It is further stated that the said payment was to be made on the day on which P.W. 7 was to receive the salary i.e. on 17.12.1985. On the basis of this complaint apparently an enquiry was made and after ...