#patnahighcourt Archives - Page 5 of 8

14 Jul

Patna High Court directed the bank to release FD in favour of the petitioner

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TITLE: Lal Jha v. The Assistant General Manager & Ors.

Decided on: 12-07-2023

CWJC No: 17705/2017

Coram: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

Facts of the case:

The present writ petition is filed for the reliefs: “That this is an application for issuance of an appropriate writ/writs, order/orders, direction/directions for commanding the respondent authorities to release the FD of Rs.11,70,000/- stand in the name of petitioner which was pledged for issuance of bank guarantee in favour of 3rd party to utilise the said bank guarantee in obtaining licence of liquor shop situated within the district of Darbhanga for a period from 1.4.2015 to 31.3.2016 and validity of bank guarantee is up to 30.6.2016, but despite expiry of validity period the respondent bank authority has not released the fixed deposit amount in favour of petitioner who only provided the bank guarantee for running the liquor shop under licence and for no other purpose, but still the respondent bank has kept the FD amount provided by the petitioner.”

Learned counsel for the petitioner has stated that the respondent-bank has withheld the FD which was given for the purpose of bank guarantee of an amount of 11,70,000/- and the said bank guarantee was given for the purpose of running a liquor shop which was in the name of one Deepika Devi. After the closure of the liquor shop, the Excise Department had issued a Memo dated 20.07.2016 bearing Memo No. 915 discharging the said Deepika Devi from all liabilities and also released the bank guarantee. But, the authorities have not returned the FD amount. Even though the petitioner had made several requests, the authorities have not returned the FD till date. Therefore, prayed this Hon’ble Court to direct the bank to return the FD duly taking into account the memo issued by the Excise Department.

In the counter-affidavit filed by the respondent no. 3 while admitting that the petitioner had placed the FD for the issuance of bank guarantee for the purpose of licence of liquor shop for the period 01.04.2015 to 31.03.2016. The authorities concerned have not released the bank guarantee/FD as the Excise Superintendent had directed the bank not to release the bank guarantee till release order from the District Magistrate was issued. Further, it is stated that the Deputy Commissioner Commercial Tax/In-charge, Dharbhanga Circle, Dharbhanga had directed the bank to forfeit the bank guarantee and the said amount may be sent against the commercial tax dues which were due from the said Deepika Devi. Even though the bank directed the petitioner to get the clearance from the Commercial Tax Department to enable them to release the FD but the petitioner till date has not submitted any document from the concerned Commercial Tax Department. The Hon’ble Supreme Court in Civil Appeal No. 9087-9089 of 2016 dated 15.09.2016 under similar circumstances has held that the bank guarantees if any given cannot be withheld at the instance of a third party to the contract. Admittedly, in this case the Commercial Tax Department is not party to the transaction entered between the bank and the petitioner if the Commercial Tax Department is due any amounts either from the petitioner or from the said Deepika Devi, they are free to take necessary action for recovery of the same but the bank officials cannot be expected to act at the behest of the Commercial Tax Department or any third party.

Analysis of the court and decision:

In view of the aforementioned reasons, the present writ petition is allowed. The respondent-bank is directed to release the FD in favour of the petitioner as expeditiously as possible preferably within a period of four weeks from the date of the receipt of a copy of this order. It is made clear that this order does not preclude the Commercial Tax Department to proceed against the said Deepika Devi, if any amounts are due to the Department. With the above observations, the present writ petition is allowed to the extent indicated.

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Written by- Meghana D

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13 Jul

The Collector is directed to pass a reasoned and speaking order within eight weeks on fresh representation of all documents by the petitioner: Patna High Court

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TITLE: Manju Devi v. The State of Bihar & Ors.

Decided on: 10-07-2023

CWJC No: 848/2023

Coram: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Facts of the case:

The present writ application has been filed directing the respondent’s authorities not to distribute the Raiyati Land of the petitioner among the general people.

Learned counsel for the petitioner submits that the Raiyati Land of the petitioner has illegally been distributed by the Circle Officer, Barauni.

Learned counsel for the petitioner further submits that petitioner is the Raiyat of Khata No. 261, Khesra No. 890 and area 10 acres and 24 dismal revenue P.S. No. 503, MauzaMallipur Anchal- Barauni, District- Begusarai. Counsel further submits that the said land petitioner has obtained from the then Jamindar and now the said land is under exclusive possession of the petitioner since 1945-50. Counsel submits that her land was forcibly grabbed by the people and they are disturbing her possession. Counsel submits that she has approached the District Magistrate, Begusarai and submitted representation repeatedly but his grievances have not been redressed.

Learned counsel for the State submits that the said Khatiyani land is the Gair Majarua Khas (Reta) land and it is not the petitioner’s Raiyati Land. Counsel further submits that the purcha has already been distributed among the displaced persons who were displaced in view of the construction of SixLane Bridge over the River Ganga.

Analysis of the court and decision:

In the present facts and circumstances without going into the merit of the case, this Court is directing the petitioner to represent herself afresh before the Collector, Begusarai (respondent no. 2) showing all her documents as well as papers relating to records of her right, Jamabandi, proof of possession and upon considering those documents, the Collector (respondent no. 2) is directed to pass a reasoned and speaking order within eight weeks’ from the date of filing of the representation.

With this observation, the present writ application stands disposed of.

Written by- Meghana D

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13 Jul

Patna High Court disposed of writ petition by availing equal distribution of share as per Article 300-A of the Constitution of India

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TITLE: Sushma Sharma v. The State of Bihar & Ors.

Decided on: 12-07-2023

CWJC No: 8582/2016

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Facts of the case:

In compliance of the order dated 18.02.2020 passed in present writ petition, the parties have mutually agreed to equally distribute the retiral benefits payable to the deceased employee between the sons and the heirs of the sons of the first wife and the second wife and the petitioner who is second wife of the deceased employee is satisfied with the family pension and it has been admitted the retiral dues will be paid back to the surviving heirs of the deceased employee who have taken birth out of cohabitation of his first wife.

Analysis of the court and decision:

In case parties are aggrieved, they can avail appropriate remedy for equal distribution of the share as per the provision of Article 300-A of the Constitution and in case the distribution as has been agreed by the parties is not done in the manner prescribed, parties may avail appropriate civil remedy before the competent court having jurisdiction.

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

This Court appreciates the indulgence and steps taken by both the parties.

Written by- Meghana D

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12 Jul

Patna High Court allows petitioner to seek legal remedy for his grievance on account of uniform allowances and payment of one month salary

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TITLE: Uma Shankar Dubey v. The State of Bihar & Ors.

Decided on: 11-07-2023

CWJC No: 1970/2023

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Facts of the case:

Learned counsel appearing on behalf of the petitioner upon instruction submits that the petitioner has restricted his prayer only for payment on account of uniform allowances and payment of one month salary.

Learned counsel appearing on behalf of the State informs this Court that the petitioner has been paid dues amount of salary with dearness allowances, leave encashment, earned leave, provisional gratuity and group insurance. The petitioner has been held guilty in a departmental proceeding initiated against him and penalty order has been passed imposing stoppage of full pension as contained in Central Range Order No. 365 of 2022, communicated vide Memo No. 10459, dated 17.12.2022 passed by the Inspector General, Central Range, Patna. He further informs that as soon as the concerned respondent receives clarification with respect to payment on account of uniform allowance and one month extra salary, the same will be paid forthwith.

Analysis of the court and decision:

Considering the aforesaid facts and information given before this Court, the petitioner may avail legal remedy in accordance with law for redressal of his grievance.

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

Written by- Meghana D

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12 Jul

Patna High Court directs the Registrar to pay all the admissible retiral dues to the petitioner

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TITLE: Ashok Kumar Sharma v. The State of Bihar & Ors.

Decided on: 11-07-2023

CWJC No: 1930/2023

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Facts of the case:

Learned counsel appearing on behalf of the petitioner seeks to file detailed representation before the Registrar of the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga for payment of all the retiral dues, which has not been paid to the petitioner till date. The petitioner retired on 28.02.2022. The petitioner in support of his claim has relied upon an order dated 18.01.20216, passed by a Coordinate Bench of this Court in C.W.J.C. No. 8119 of 2015.

Analysis of the court and decision:

The Registrar of the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga is directed to ensure payment of all the admissible retiral dues payable to the petitioner in accordance with law and ensure that similarly situated employee has been paid all the retiral dues, in light of the order dated 18.01.20216 passed by a Coordinate Bench of this Court in C.W.J.C. No. 8119 of 2015.

The payment with up to date statutory interest till the date of payment must be paid to the petitioner within a period of six weeks.

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

Written by- Meghana D

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