Order 12/11/2024 These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.376/2020 registered at Police Station Ratangarh, District Churu, for offences under Sections 8/21, 22, 8/25, 8/29 of the NDPS Act.

[2024:RJ-JD:45546] (2 of 4) [CRLMB-11930/2023] Learned counsel submitted that as per the prosecution, during naakabandi, on 04.11.2020, a team of Police Station Ratangarh intercepted one Maruti car having registration No.DL- 09-CB-6368. Upon a search being made, the contraband (15,600 tablets of tramadol) was recovered in one plastic bag. They were arrested on the spot.

This petition, under Section 482 of CrPC, has been filed for quashing the FIR on the ground of compromise in connection with Crime No.416/2011 registered at Police Station- Bahodapur, District Gwalior for the offences punishable under Sections 420, 467, 468, 471 of IPC, and all consequential proceedings arising out of it.

2 . Allegation against the petitioner is that he along-with other co- accused on the basis of forged power of attorney sold the plot to the complainant.

3. I.A.No.21627/2024 and I.A. No.21628/2024, applications for compromise have been filed by the petitioners as well as respondent No.2 duly supported by their affidavits.

APPEARANCE:

Shri S.P. Jain - Advocate for the petitioner. Shri Subodh Pradhan - Advocate for the respondent.

----------------------------------------------------------------------------------------------------------

{Passed on 8th the Day of November, 2024}

1. The present petition under Article 227 of the Constitution is preferred by the petitioner being crestfallen by the award dated 24-

03-2018 (pronounced on 02-05-2018) passed by the Labour Court No.2, Gwalior in case No.02/A/I.D. Act/2015 (Reference) whereby the respondent has been directed to be reinstated with 50% back wages.

2. Precisely stated facts of the case are that petitioners and respondent were having workman employer relationship and the respondent was appointed as daily rated Nakedar on Collector rate in the establishment of petitioner No.1 Samiti. The dates and events having material bearing over the case and necessary for disposal of the case are as under:

[WP(C) Nos.26883/2024, 38022/2024, 38213/2024, 38235/2024 & 38427/2024] The issue raised in these writ petitions are covered against the petitioners by the judgment of the Supreme Court in Chandra Sekhar Jha v. Union of India and others; (2022) 14 SCC 152. It is clear from a reading of the judgment of the Supreme Court that after the amendment of Section 129 E of Customs Act, 1962 with effect from 06-08-2014 it is a provision beneficial to the persons who propose to file an appeal (like the petitioners herein) and only requires deposit of a portion of the demand. On a consideration of the provision is substituted with effect from 06-08-2024 and on considering the question as to whether such provision will cause undue hardship, it was held as follows;

It appears that a Sole Arbitrator had been appointed in terms of the arbitration clause contained in the agreement dated December 5, 2018.

An application under section 17 of the Arbitration and Conciliation Act, 1996 (for short "the Act") had been preferred before the learned Arbitrator. Two Officers were appointed as Receivers in respect of the subject asset. The Receivers were directed to take physical possession of the said asset being an equipment being XR 220D, bearing engine no.22293605 along with its accessories, as mentioned in the agreement.

Pleadings disclose that the Receivers were not able to take physical possession of the asset in question as they were resisted by the respondents and the local police authorities also did not cooperate.

Mr. Manish Lohani, learned counsel, for the petitioner.

2. Mr. B.S. Parihar, learned Standing Counsel, for the State of Uttarakhand/1 to 4.

3. Mr. B.D. Pande, learned counsel, for respondent no.5.

4. Mr. Sanjay Bhatt, learned counsel, for respondent no.6.

5. In this writ petition allegedly filed in public interest, petitioner has challenged notification dated 03.09.2024, issued by Urban Development Department, Government of Uttarakhand, whereby village Kania, has been included in the Nagar Palika Parishad, Ramnagar. The said notification has been challenged mainly on the ground that the Board of Nagar Palika Parishad in its meeting held on 30.04.2022, had taken a decision not to extend boundary of Nagar Palika Parishad, not to include the areas falling within two kilometres from the adjoining Corbett Reserve Forest within the municipal limits. He further contended that since the villages, which have been included in Nagar Palika Parishad, have been declared as fruit belt, therefore, they cannot become part of Nagar Palika Parishad. It is further contended that the parameters laid down by Article 243Q(2) of the Constitution of India have not been followed while issuing the impugned notification

FAT 191 of 2020.

Mr. Sudvasattva Banerjee Mr. Shounak Mukherjee, Mr. Shubradip Roy, Advs.

..........for the appellant/ plaintiff/decree holder in FAT 191 of 2020 and for the respondent in FAT 194 of 2020.

2

1. Heard learned Counsel for the parties. The matter arises out of a judgment on admission passed by the Trial Court and the consequential decree.

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