Tag Archives: #patnahighcourt

TITLE: Dr. Shiv Shankar v. The State of Bihar & Ors.

Decided on: 17-07-2023

CWJC No: 2839/2023

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Facts of the case:

Learned counsel appearing on behalf of the petitioner submits that substantial amount of retiral dues has been paid to the petitioner during the pendency of the present writ petition. However, retiral dues on account of different heads are still required to be paid. In this background, the petitioner seeks to file detailed representation before the Additional Chief Secretary, Health Department, Government of Bihar.

Analysis of the court and decision:

The Additional Chief Secretary, Health Department, Government of Bihar must ensure that the petitioner is paid all the remaining dues along with statutory interest within a period of three weeks from the date of filing of the representation and the Director, Health Services, Government of Bihar, must ensure to obtain the records relating to the petitioner for verification before taking final decision by summoning the Medical Officer in his office.

With the above observation and direction the writ petition stands disposed of.

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Written by- Meghana D

18 Jul

Patna High Court passed an order directing respondents to pay retiral dues to petitioner within two weeks

TITLE: Umashankar Pandey v. The State of Bihar & Ors.

Decided on: 17-07-2023

CWJC No: 2824/2023

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Facts of the case:

Learned counsel appearing on behalf of the petitioner submits that petitioner seeks to file detailed representation bringing on record all the evidence in support of his claim, before the District Magistrate, Buxar.

The District Magistrate, Buxar must call upon the Block Development Officer, Itari, Buxar with the entire record relating to the petitioner and take a final decision with respect to payment of retiral dues, as claimed in the present writ petition, within a period of four weeks.

Analysis of the court and decision:

In case, the Block Development Officer, Itari, Buxar fails to appear before the District Magistrate, Buxar with all necessary documents relating to the petitioner, the District Magistrate must ensure to take disciplinary action against him for not obeying the directions of this Court.

The District Magistrate, Buxar must take a final decision after giving due opportunity of hearing to the petitioner and pass a reasoned order in accordance with law ensuring the payment of retiral dues admissible to the petitioner within a further period of two weeks.

With the above observation and direction the writ petition stands disposed of.

Written by- Meghana D

17 Jul

Patna High Court passed the order in favour of petitioners directing that cancellation of jamabandi is unnecessary

TITLE: Gita Devi & Anr. v. The State of Bihar & Ors.

Decided on: 13-07-2023

CWJC No: 2573/2023

Coram: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Facts of the case:

The present writ application has been filed for a direction to the respondents to take appropriate legal action against the private respondents who have illegally and forcibly started cultivation over the land of the petitioners without any right, title, or legal possession. Another prayer has been made to cancel the forged jamabandi which was illegally created in the name of the private respondents.

Learned counsel for the petitioners submits that for cancellation of jamabandi, petitioners have filed Jamabandi Cancellation Case No. 07/2014-15 and in the said case, the Additional Collector, Nawada had cancelled Jamabandi Nos. 30/2007, 31, 2007, 32/2007, 34/2007, and 02/2003 which had been created illegally. Subsequently, the Jamabandi Demand No. 24 of 2002 was ordered to be restored. It has also been ordered that the petitioners may apply for the mutation before the Circle Officer, Nawada.

Learned counsel for the State submits that the said cancellation of forged jamabandi has been made against the private respondents and in favour of the petitioner. The said relief has already been granted to the petitioner vide order dated 16.08.2018 in Jamabandi Cancellation Case No. 07 of 2014-15 under Section of the Bihar Land Mutation Act, 2011 by the Additional Collector, Nawada and in this view of the matter, no case lies in favour of the petitioner.

Analysis of the court and decision:

Upon hearing learned counsel for the parties, it is crystal clear that under Section 9 of the Bihar Land Mutation Act, 2011, the Additional Collector is the competent authority to cancel the jamabandi and he has rightly passed the order in favour of the petitioners. Therefore, again cancellation of the said jamabandi is unnecessary. So far as another prayer for taking legal action against the private respondents who illegally and forcefully started cultivation is concerned, even then the petitioners won this case in her favour, they have to take other recourse of law available to them.

This writ petition stands disposed of with liberty to the petitioners that they may avail the appropriate remedy available to them before the appropriate forum, in accordance with the law, on the basis of the order made in their favour by the Additional Collector, Nawada.

With this liberty the writ petition stands disposed of.

Written by- Meghana D

17 Jul

Patna High Court disposed of writ petition advising the petitioner to file a detailed representation before the respondent

Blog #patnahighcourt, #writpetition

TITLE: Nageshwar Choudhary v. The State Of Bihar & Ors.

Decided on: 11-07-2023

CWJC No: 6981/2014

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Facts of the case:

In the present writ petition the petitioner has prayed for following relief:

“(i) Whether the respondents are justified in not paying the pensionary dues of the petitioner though they are fully aware that every employee is entitled for their pensionary dues?

(ii) Whether the respondents are justified in not releasing the Provident fund of the petitioner through the petitioner retired on 31.07.2012.

(iii) Whether the petitioner can be allowed to face starvation due to inaction on the part of the respondents?

(iv) Whether the act of the Respondents in not releasing the pensionary dues of the petitioner is not an arbitrary act?”

Learned counsel appearing on behalf of petitioner informs this Court that petitioner had superannuated on 31.07.2012 from the post of Lineman, while he was working in Fatuha-Phulwari Sharif Gramin Vidyut Sahkari Samiti Limited, Patna, which was registered under the Cooperative/Society Registration Act. He further submits that the licence of the society was, later on, cancelled on 06.11.1999. The petitioner seeks to file a detailed representation before the Registrar, Cooperative Societies, Department of Cooperative, Government of Bihar, Patna (Respondent No.3).

Analysis of the court and decision:

In view of the above submission, the petitioner, if so advised, may file a detailed representation before the respondent no.3, who is required to verify the records relating to the petitioner from the concerned Cooperative Society, where the petitioner was employed and take a final decision with respect to the claim, as has been made in the present writ petition as well as in any representation, which is pending before him on behalf of the petitioner within a period of six weeks and direct the concerned person to make payment within stipulated period fixed by him.

With the above observations and directions, the present writ petition stands disposed of.

Written by- Meghana D

14 Jul

Patna High Court granted liberty to the petitioner to file a representation before the collector

TITLE: Gautam Singh v. The State Of Bihar & Ors.

Decided on: 13-07-2023

CWJC No: 7539/2015

Coram: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Facts of the case:

Counsel for the petitioner submits that the present writ petition has been filed for quashing Misc. No.03 of 2013 dated 28.12.2014 by which the case was disposed of, holding that there is no objection of the petitioner on the verification.

Counsel for the State submits that from the verification report it transpires that from the eastern side of the petitioner’s land there is some land of the Bihar Government. He submits that with a span of time the soil settled down and presently there is no obstruction in crossing the land.

Analysis of the court and decision:

In this background, this writ petition is dismissed as having become infructuous.

Liberty is hereby granted to the petitioner that if his grievances have not been settled yet, then he shall file a representation before the Collector.

Written by- Meghana D