Court : Patna
Chandramauli Kr. Prasad, J. 1. Petitioner is the owner of a truck bearing registration No. BR-06C-9592. Said truck was seized on 1-2-2001 by the Forester, Bihta while it was transporting illegal Sisam fuel wood and the driver of the truck failed to produce any document authorising transportation of such fuel.2. A confiscation proceeding under Section 52 of the Indian forest Act as amended by Bihar Act 9 of 1990 (hereinafter referred to as the Act) was initiated by the Divisional Forest Officer-cum-authorised officer. Petitioner appeared before the authorised officer and pleaded that he was not aware of the requirement of obtaining transport permit for transporting the forest produce and accordingly prayed for compounding the offence. The authorised officer by order dated 24-4-2001 (Annexure-4), however, directed for confiscation of the fuel wood as also the truck. Aggrieved by the same, petitioner preferred appeal and the appellate authority i.e. the Collector by order dated 22-3-200...
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Nagendra Rai, J. 1. The defendants first set and second set have filed the appeals against the judgment and decree dated 14th May, 1991 passed by 2nd Additional District Judge, Patna setting aside the judgment and decree dated 3-11-1983 passed by Addl. Sub-Judge II, Patna in Title Suit No. 242 of 1977/075 of 1981 dismissing the suit filed by the respondents. 2. At the stage of hearing under Order 41, Rule 11 of the Code of Civil Procedure (in short the Code) itself the plaintiffs respondents appeared and as such the parties have been heard and the appeals are being disposed of at this stage. 3. The pnlaintiffs-respondents had filed the suit for declaration of title and confirmation of possession and in the alternative for recovery of possession with regard to the lands detailed in Schdeules A and B of the plaint. Schedule A contain lands of Kata No. 121, Plot No. 148 area 10 decimals and Schedule B contains land of Khata No. 275 Plot Nos. 149 and 152, Khata No. 87 Plot No. 150 and Kh...
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Nagendra Rai, J. 1. The petitioners in both the cases, which are companies registered under the Indian Companies Act and are engaged in the manufacture and sale of sugar, have filed the present writ applications for quashing the notification dated 25-7-2001, issued by the Government in exercise of poser under Sub-section (1) of Section 3 of the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (hereinafter referred to as 'the Act') in respect of the scheduled goods listed therein so far as the same is applicable to the industries of the petitioners. Later on, they challenged the vires of the amended provisions of the said Act brought by Bihar Act 10 of 2001. The copies of the amendments brought in the Act as well as the notification issued under Sub-section (1) of Section 3 of the Act have been annexed in both the writ applications. However, hereinafter reference will be made to the annexures appended in C.W.J.C. No. 6540 of 2002. 2. The fact...
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C.K. Prasad, Acting C.J. and S.K. Sharma, J.1. Petitioner, respondents 4 & 5 besides the intervenors Ajay Kumar and Indrajit Bhaskar were candidates for appointment to the post of Civil Judge (Junior Division), reserved for the members of the Scheduled Caste. They have not been appointed but respondents 4 & 5 have been appointed in vacancy reserved for Scheduled Caste. Aggrieved by the same, petitioner preferred this writ application and seeks quashing of their appointment by issuance of an appropriate writ. Further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondent - Bihar Public Service Commission to recommend his case for appointment as Civil Judge (Junior Division) and the State Government to appoint him. Intervenors have joined the petitioner and support his case.2. Shorn of unnecessary details, facts giving rise to the present writ application are that for filling up three hundred eighteen (318) vacancies of Civil Judge (Junior D...
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Mridula Mishra, J.1. Heard the counsels for the petitioner and the State.2. Petitioner has retired from the post of Registrar on 31.1.2002. His grievance is that inspite of the direction of the High Court his case for promotion to the post of Under Secretary and Deputy Secretary is not being considered by the respondents. Prayer of the petitioner is for quashing of the decision of the Departmental Promotion Committee held on 5.8.2004 whereby the case of the petitioner for promotion had been rejected in terms of Section 7(1) (gha) of Secretariat and Attached Offices Joint Cadre (Amendment) Act, 2004 as the petitioner had superannuated. Further prayer of the petitioner is for direction to the respondents to consider and grant notional promotion to the post of Under Secretary w.e.f. July, 1997, to the post of Deputy Secretary w.e.f. July, 1999, to grant all consequential benefits arising out of grant of such promotion in the nature of revision of pay, increment, refixation of pay scale, ...
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ORDERRamesh Kumar Datta, J.1. The petitioners have filed the present writ application for quashing of the letter No. 215 dated 25.10.2007 issued by the Chief Executive Officer, Bihar State Shia Wakf Board, Abedin House, Fraser Road, Patna (in short 'the Wakf Board') to the Superintendent of Police (Town) Patna stating that the Wakf Board had not sanctioned and approved any development agreement with regard to the Wakf property in question, namely, Hasan Manzil situated at Fraser Road, Patna either through its Mutawalli or by Wakf Board authorizing anyone or builder to construct building over the said property yet construction was going on in the Wakf premises and accordingly requesting for immediate necessary action ensuring safety and security of the said Wakf property; as also for quashing of the letters dated 7.11.2007 and 8.11.2007 issued by respondent No. 5, the Sub-Divisional Officer, Sadar, Patna and respondent No. 6, the Circle Officer, Sadar, Patna directing the Officer Inchar...
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1. The writ application under Articles 226 and 227 of the Constitution of India is for a direction to release the petitioner a convict and serving a sentence of life imprisonment for an offence under Section 302 on account of committing the murder of one Anil Kumar Gupta on 19th of October 1988 at Treasury Chowk in Gopalganj Town within the district of Gopalganj. 2. The only grounds for release is that on the date of the commission of the offence, the petitioner was a juvenile for being aged about 14 years, as per the date of his birth i.e. 05.03.1974 . The further prayer of the petitioner is for issuance of appropriate writ quashing the order dated 06.10.2010, passed by the Justice Juvenile Board , Gopalganj in JJB Cr. Misc. 1 of 2010 as contained in Annexure- 6, whereby the claim for re-determination of his age in order to claim the benefit of juvenility was rejected. 3. The relevant brief facts are given below :- On 19th of October 1988, at about 9.30. p.m. a first information was l...
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Ajay Kumar Tripathi, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Petitioner wants quashing of the proceedings and the order which have been passed by the civil court in Execution Case No. 1 of 2000 after 22.5.2008 after Section 43 of the Bihar Hindu Religious Trust Act as amended by the Bihar Act No. 1 of 2007 came into effect.3. Looking at the submission which has been made on the questions of law on behalf of the petitioner by learned Senior counsel, the details of the facts may not be noted in this order. Primarily, however it is apparent that a long dispute over a trust property is going on between the parties concerned which was initiated by way of a Title Suit No. 22/1966/73 initially filed by one Chandramani Das. The suit in question finally came to be decreed and for execution of the said decree Execution Case No. 1 of 2000 came to be filed before the court. Execution court finally ousted the petitioner from the property in question on the...
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1. This petition under Article 226 of the Constitution is filed by the Assistant Teachers employed in Non Government High Schools taken over by the State of Bihar under the provisions contained in the Bihar Non-Government Secondary School (Taking Over of Control and Management) Act, 1981 (hereinafter referred to as `the 1981 Act’). 2. The petitioners (5 in number) have challenged the constitutional validity of Rules 4 (Ka) (1) and 7 (1) (Ka) (2) of the Bihar Nationalised Secondary Schools (Service Conditions) Rules, 1983 (hereinafter referred to as `the 1983 Rules’) as amended by the Bihar Nationalised Secondary School (Service Conditions) Amendment Rules, 2005 (hereinafter referred to as “the 2005 Rules” or as “the 2005 amendment”). 3. At the outset we may note that the petitioners have averred that they have filed this petition in representative capacity. Nevertheless, neither the petitioners have sought permission of the Court to file petition in ...
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1. Shiva Kirti Singh, J. These seven writ petitions have been treated as analogous matters and heard together because they raise common issues by challenging the vires of Bihar Molasses (Control) (Amendment and Validation) Act, 1999 (Hereinafter referred to as the Validating Act) published in the official gazette on 10.01.2000. Petitioners have also sought for quashing of various demand notices issued pursuant to the aforesaid Validating Act by which they have been directed to pay administrative charges for the molasses consumed by them in their captive distilleries (in case of those petitioners who have sugar mills along with captive distilleries) or for the molasses lifted by them from various sugar mills during the period 1995-2000. In some of the writ petitions interlocutory applications have been filed for refund of administrative charges already paid pursuant to the Validating Act.2. The issues falling for determination in these cases are mainly issues of law. The relevant facts ...
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