Ram Dulari Printing Press Koat Bazar, Sitamarhi v. The State of Bihar
Case at a glance
- Bench
- P B BAJANTHRI, ARUN KUMAR JHA
Outcome
Disposed of
Accordingly, present petition stands disposed of
Key paragraphs
- Para 66. Accordingly, present petition stands disposed of. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date N.A. 17.02.2023 N.A.
Judgment
Cause title
Mr. Subodh Kumar, Advocate
Mr. Uday Chandra Prasad, Advocate Mr. Vijay Kumar Verma, AC to GA-2 ====================================================== Appearance : For the Petitioner/s For the Intervener Respondent: For the Respondent/s ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) :
Date : 14-02-2023 Heard learned counsels for the parties.
In the instant petition, petitioner has prayed for following reliefs:- "(i) For issuance of writ in the appropriate nature for quashing the letter dated 22.4.2022 issued under the signature of the District Magistrate, Madhubani directing the petitioner's firm M/s Ram Dulari Printing Press to deposit the amount of Rs. 21,57,702/- holding that the aforesaid amount has been paid excessive without considering that earlier a report was submitted by the Joint Committee who had Patna High Court CWJC No.18560 of 2022 dt.14-02-2023 recommended for payment of the same. (ii) And for any other relief/reliefs for which the petitioner is found to be entitled in the eye of law. "
From perusal of Annexure-5 dated 23.04.2022, it is evident that petitioner has not been provided ample opportunity of hearing before effecting the communication dated 22.04.2022. Since petitioner's right is affected, hence, Annexure-5 is treated as show cause notice to him asking him to submit his explanation to the author of Annexure-5, District Magistrate, Madhubani within a period of fifteen days from today. On receipt of explanation to the show cause notice dated
22.04.2022, District Magistrate, Madhubani is hereby directed to pass speaking order after due consideration of each of the contentions to be raised by the petitioner.
In the meanwhile, we noticed that Mr. Uday Chandra, learned counsel has filed intervenor application stating that at the behest of Prabhash Kumar, impugned Annexure-5 has been ordered. If it is so, District Magistrate, Madhubani is hereby directed to hear Prabhash Kumar before passing final order in the light of Apex Court decision in the case of Esteem Properties Pvt. Ltd. Vs. Chetan Kamble & Others reported in (2022) 11 SCC 661. Patna High Court CWJC No.18560 of 2022 dt.14-02-2023
Pending Interlocutory Applications are disposed of.
Operative part
Accordingly, present petition stands disposed of. (P. B. Bajanthri, J) ( Arun Kumar Jha, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date N.A. 17.02.2023 N.A.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.