#patnahighcourt Archives

20 Nov

Compromise Between The Parties Is Enough To Settle A Case In Compoundable Offence: High Court Of Patna

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Citation: CR. MISC. No.40319

Coram: Honourable Mr. Justice Satyavrat Verma

Decided On: 01-11-2023

Introduction:

Present quashing application has been filed seeking quashing of the order dated 21.03.2022 passed by the learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code.

Facts:

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that after the police submitted charge-sheet, cognizance was taken and after framing of the charges, on intervention of the well wishers, the parties have compromised the case. It is next submitted that the opposite party no. 2 herein does not intend to pursue with the case or the trial.

Mr. Purushotam Sharma, learned counsel appearing on behalf of the opposite party concurs with the submission of the learned counsel for the petitioners and submits that he has instruction to make submissions on behalf of the opposite party that the opposite party does not have any objection in the event if the order dated 21.03.2022 passed by the learned Sub- Divisional Judicial Magistrate, Sheikhpura framing charges against the petitioners is quashed.

Court’s Analysis and Judgement:

Considering the submissions made he order dated 21.03.2022 passed by the learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code, is held quashed by the Court.

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Written by- Sushant Kumar Sharma

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31 Jul

Patna High Court directed the respondent to calculate the interest approved on different heads and pay to the petitioner

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TITLE: Rambali Das v. The State of Bihar & Ors.

Decided on: 25-07-2023

CWJC No: 3856/2023

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Introduction:

Learned counsel standing on behalf of the petitioner states that the petitioner retired in 2009 from the position of Headmaster at Model +2 High School in Munger. The petitioner is dissatisfied with the letter dated 29.08.2022 to this writ petition, which denies interest on delayed payment of pensionary benefit.

The respondents have admitted that the retiral dues claimed by the petitioner were paid six years after his retirement.

Analysis of the court and decision:

In the aforementioned conditions, the District Programme Officer (Establishment), Munger is instructed to compute the interest approved on various heads, up till the date of payment, and sanction the same to be remitted into the petitioner’s account, using the law established by the Apex Court.

The writ petition is dismissed with the aforementioned observation and instruction.

Written by- Meghana D

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31 Jul

The State and Temple Organizers must approve the proposal to allocate cash for the temple: Patna High Court

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TITLE: Gaurav Kumar Singh v. The State of Bihar & Ors.

Decided on: 25-07-2023

CWJC No: 5188/2021

Coram: HONOURABLE THE CHIEF JUSTICE and

HONOURABLE MR. JUSTICE PARTHA SARTHY

Introduction:

The writ suit was brought in order to protect and preserve Jalla Hanuman Temple for its upkeep, the removal of encroachments, the installation of CCTV cameras, the placement of street lights close to the temple, and other unrelated activities in order to enhance the region around the temple as a tourist destination.

Analysis of the court and decision:

Insofar as the upkeep and growth of the location are concerned, these are all policy considerations that we would not direct. The court noted that there is also a proposal to construct temporary fencing, for which funds were obtained from the State; this decision must also be made by the State in cooperation with the Temple’s organisers and, to the extent possible, enable such fencing with revenue from the temple itself.

The court dismissed the writ petition because it thought of no basis to keep it open.

Written by- Meghana D

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26 Jul

The representation of the petitioner is directed to be disposed of within a period of six weeks: Patna High Court

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TITLE: Jaideo Prasad v. The State of Bihar & Ors.

Decided on: 25-07-2023

CWJC No: 9618/2022

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Introduction:

In order to obtain the following reliefs, the petitioner has filed the following writ petition:

(i) To issue a suitable directive, order, or writ in the nature of a mandamus ordering the respondents to pay the petitioner’s gratuity amount who retired on January 31, 2021 from the position of Executive Engineer at the Flood Control and Drainage Division of Biharsharif but has yet to receive the aforementioned sum.

(ii) To issue the proper directive, order, or writ in the nature of a mandamus ordering the respondents to pay the petitioner’s remaining 10% pension, which the respondents had wrongfully withheld while a departmental proceeding against the petitioner had been pending for the previous 30 months without the petitioner’s fault.

(iii) To provide the petitioner with any additional reliefs to which they are entitled.

Analysis of the court and decision:

It has been ordered that the petitioner’s representation be resolved within a six-week window. The payments, along with the statutory interest to which the petitioner is entitled, must be made during the aforementioned time.

In light of this, the writ petition is dismissed.

Written by- Meghana D

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26 Jul

Patna High Court directed the petitioner to represent before the District Magistrate for verification of land for compensation

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TITLE: Arun Kumar Choudhary v. The State of Bihar & Ors.

Decided on: 17-07-2023

CWJC No: 2183/2018

Coram: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Introduction:

Learned counsel for the petitioner claims that government agents have confiscated his raiyati land belonging to Thana No. 273, Khata No. 10, Khesra No. 705, region 2 Katha 7 Dhur.

The petitioner’s counsel claims that although the road has been built, he hasn’t received his reimbursement. He argues that despite the petitioner having presented a case to respondent number 8, the Circle Officer of Mansurchak Block, the petitioner’s complaints have not yet been resolved.

According to learned counsel for the State, the petitioner has not submitted representation before the authorities who are competent to decide the subject under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013.

Analysis of the court and decision:

This writ petition is dismissed with instructions for the petitioner to appear before respondent No. 4, which is the District Magistrate of Begusarai, who will then issue a reasoned and speaking order within eight weeks of the petitioner’s appearance, after verifying the petitioner’s entitlement to the land.

Written by- Meghana D

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