:

The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information:

"I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:-

1. Please intimate the date of receipt of aforesaid letter

2. Please provide a certified photocopy of aforesaid letter

3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date.

:

The Appellant filed an (offline) RTI application dated 19.05.2023 seeking the following information:

"I satyapal Singh was working as a lecturer in Guru Tegh Bahadur Polytechnic Institute (GTBPI) at Computer Engineering Department from Aug 2008 to Aug 2018.

Page 1 of 8

Kindly provide me the following information under the RTI Act 2005

1. Provide me Seniority List of DSGMC employees.

2. Provide me my Personal Account Number as a DSGMC Employee.

3. Provide me my Employee Code as DSGMC employee."

Having not received any response from the CPIO, the appellant filed a First Appeal dated 20.06.2023. The FAA order is not on record.

11.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 498-A / 323 / 342 / 506 /307 / 34 of I.P.C. read with Section 4 of D.P. Act in G.R. Case No.1305 of 2024 of the Court of learned S.D.J.M., Chatrapur arising out of Chamakhandi P.S. Case No.373 of 2024.

11.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 341/384/294/506/307/323/ 325/379 of I.P.C. in G.R. Case No.87 of 2018 of the Court of the learned J.M.F.C., Nimapara arising out of Nimapara P.S. Case No.33 of 2018.

4. It is stated by learned counsel for the Petitioner that earlier the Petitioner approached this Court by filing ABLAPL No.2915 of 2018. The said bail application was disposed of by a coordinate bench of this Court on 30.01.2019 thereby directing the Petitioner to surrender before the court below and move an application for bail with a corresponding direction to the learned court in seisin over the matter to dispose of the bail application on the very same day. Learned counsel for the Petitioner at this juncture submitted that due to communication gap with the conducting counsel, the Petitioner could not take advantage of order dated 30.01.2019.

12.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 406/ 468/471/ 420/ 120-B/34 I.P.C. read with Section 4/5 of The Prize, Chits and Money Circulation Scheme (Banning) Act in 1.C.C. No.1498 of 2013 corresponding to G.R. Case No.953 of 2014 of the Court of the learned S.D.J.M., Bhadrak arising out of Bhadrak Town P.S. Case No.78 of 2014.

11.11.2024 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Senior learned counsel for the Petitioner and learned Counsel for the State as well as learned counsel for the Informant. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 419, 420, 465, 467, 468, 471, 120-B, 34 of I.P.C. and Sections 66(C), 66(D) of I.T. Act in C.T. Case No.399 of 2024 of the Court of learned S.D.J.M., Bhubaneswar arising out of Cyber Crime P.S. Case No.11 of 2024.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Mahakalpara P.S. Case No.218 of 2022, corresponding to G.R. Case No.2351 of 2022, pending in the court of learned S.D.J.M., Kendrapara, for alleged commission of offences punishable under Sections 341, 294, 307, 506, 325, 34 of I.P.C.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 48 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Konark P.S. Case No.118 of 2021, corresponding to G.R. Case No.506 of 2021, pending in the court of learned J.M.F.C., Konark, for alleged commission of offences punishable under Sections 341, 294, 323, 325, 506, 34 of I.P.C.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Byree P.S. Case No.95 of 2023, corresponding to C.T. Case No.946 of 2023, pending in the court of learned J.M.F.C., Chandikhole, for alleged commission of offences punishable under Sections 341, 323, 294, 307, 507, 506, 34 of I.P.C.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

Date of Hearing :08.11.2024 :: Date of Order :11.11.2024 A.C. Behera, J. This bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Spl. G.R. Case No.4 of 2024 in connection with Cuttack Sadar P.S. Case No.16 of 2024 pending in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack is taken up into consideration.

{{ 2 }}

2. I have already heard from the learned counsel for the petitioner, the learned Additional Government Advocate for the State and the learned counsel for the informant.

3. The petitioner is facing trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack in Spl. G.R. Case No.4 of 2024 arising out of Cuttack Sadar P.S. Case No.16 of 2024 remaining in the jail custody since 29.01.2024 as an under trial prisoner having been charged under Section 292-A, 212, 376(2)(n) of the IPC, 1860, Section 6 of the POCSO Act, 2012 and Sections 66-E, 67-A & 67-B of the I.T. Act, 2000 along with his other co-accused persons on the allegations alleged against him that, due to the frequent talking between the petitioner and the victim since the month of May, 2022, they loved each other and the petitioner proposed the victim for marriage. Thereafter, in the months of August and November, 2023, the petitioner took the victim by his motorcycle to the OYO Hotel on three different dates and made sexual intercourse with her in a room of that hotel in each occasion and took the naked/nude photographs of the victim inside the room of that hotel through his mobile phone and sent the said nude/naked photographs to the mobile phone of the victim through whatsapp and the said nude photographs of the victim were in her mobile phone, to which, she (victim) had not disclosed before {{ 3 }} any of her family members including her parents. Thereafter, there was disturbance between the victim and the petitioner, for which, the victim stopped her talking with the petitioner. So, the petitioner made the nude photographs of the victim viral. Thereafter, on dated 07.01.2024, she (victim) lodged F.I.R. against the petitioner at Sadar police station, Cuttack, alleging the aforesaid allegations.

RESERVED ON : 11th NOVEMBER 2024 PRONOUNCED ON: 12th NOVEMBER 2024 _______________________ Judgment (Per Advait M. Sethna, J.)

1. Rule, made returnable forthwith. Respondents waive service. By consent of the parties, the petition is heard finally.

NOVEMBER 12, 2024 18-WP(L)-17982-2024(J).DOCX

2. This petition is filed under Article 226 of the Constitution of India. Briefly, the petition challenges an order dated 30 th March 2024 passed by respondent No.1 ("impugned order" for short). By the said order, the application filed by the petitioner dated 9 th November 2022 seeking waiver of interest charged under Section 234C of the Income Tax Act, 1961 ("Income Tax Act" for short) for the Assessment Year 2021-22 ("A. Y. Year 2021-22" for short) stood rejected. The reliefs/prayers in the petition are set out at pages 52 to 54 in para 12 thereof. The substantive relief/prayer is to quash and set aside the impugned order passed by respondent No.1 and to grant waiver of interest for an amount of Rs.3,88,59,353/- charged under Section 234C of the Income Tax Act. Such is the limited issue for consideration before us.

1. In both appeals, exception has been taken to the judgment and order dated 29.09.2005 passed by learned Special Judge, Osmanabad in Special Case (AC) No. 4 of 2003 recording guilt of appellants for offence punishable under sections 7, 13(1)(d) r/w 13(2) and Section 12 of the Prevention of Corruption Act, 1988 [PC Act] respectively.

CASE OF PROSECUTION IN BRIEF

2. In brief, case of prosecution is that anti corruption department received complaint from PW1 Chandrakant, who reported that one Regular Criminal Case was on the file of learned JMFC, Kallam against Gorba Sukale and three others, at his instance. In that connection, informant had approached accused no.1, who was Assistant Public Prosecutor [APP] in said court, and appellant accused demanded Rs.1,000/- to put up the case properly before the court and to take further steps of issuing warrant. Unwillingly, PW1 paid part amount and balance of Rs.500/- was decided to be paid later on. As he was not willing to pay illegal gratification, he lodged report Exhibit 54, which was entertained by PW6 Dy.S.P. Gavali, and on the strength of the same, he arranged panchas, planned trap, prepared pre-trap panchanama Exhibit 35, gave necessary instructions to the CriAppeal-704-2005+ complainant and the shadow pancha. On their instructions, both, complainant and shadow pancha, visited court. There, accused no.1 demanded illegal gratification and when informant was paying the same, it was directed to be paid to accused no.2, after which pre- determined signal was relayed by informant, leading to further trap and apprehension of accused persons. Thereafter, PW6 lodged report, carried out investigation, chargesheeted both accused, who were made to face trial before learned Special Judge vide above referred Special Case No. 4 of 2003 and on appreciating prosecution evidence as well as defence witnesses, learned trial Judge, by impugned order dated 29.09.2005, held both accused guilty of offence punishable under Sections 7, 13(1)(d) r/w 13(2) and Section 12 of the PC Act, respectively. Said judgment is now subject matter of the appeals before this Court.

1. First Appeal has been preferred at the instance of legal heir of the original Defendant Nos. 2 to 4 who are aggrieved by the impugned judgment dated 19th September 2016 decreeing S. C. Suit No.19 of 2019 in terms of prayer Clause (a), (b) and (c). For sake of convenience parties are referred to by their status before the Trial Court.

2. The facts of the case are that Short Cause Suit No.19 of 2009 rsk 2 of 24 FA-888-18-F30.doc was instituted interalia seeking enforcement of obligations under the Maharashtra Ownership Flats, (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, (for short, MOFA) by conveyance of the suit property together with the structure and building known as "Chandraraj Apartment" in favour of the Plaintiff. The plaint pleads that Defendant Nos.1 and 2 were the owners of the suit property which was entrusted to Defendant Nos.3 and 4 for development. The Defendant Nos 3 and 4 represented that they are the owners of sub-divided land bearing S. No 5 (a)(pt) and 4(a) (pt) of Village Malad, Taluka Borivali admeasuring 1502.49 square meters bearing CTS No 15-D, 15/D-1 to 6. The entire larger Plot of land was subdivided into different sub-divided Plots being Plot Nos. A, B, C, D and certain portion towards 15% recreation ground on the northern side of the property. The conveyance was sought by the Plaintiff -Society in respect of sub-divided Plot No. B along with benefit of 22 feet internal road and 15% recreation ground to be enjoyed in common with the other occupants and residents of the remaining subdivided Plots. The subdivision was certified by the Architects. The building plans were sanctioned by the planning authorities and IOD and CC was obtained on 30 th April 1982. The Defendant Nos 3 and 4 entered into flat purchasers agreement with the individual flat purchasers under MOFA in or about the year 1984 rsk 3 of 24 FA-888-18-F30.doc and were put in possession of their respective tenements after obtaining occupation certificate on 23rd October, 1989. As there was non compliance by the Defendants of their statutory obligations, the flat purchasers formed and registered the Plaintiff Society in the year 1991.

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

1. Revision Application is allowed.

2. The order of Competent Authority Konkan Division in case No.178 of 2023 dated 06.08.2024 is set aside.

3. The Parties be informed accordingly.

24) Thus, the Revisional Authority has relied upon Section 55 of the MRC Act for accepting the contention of the licensee that in absence of registration of the licence agreement, her version of ___Page No.19 of 33___ 12 November 2024 Megha 908_wp_14856_2024_fc.docx licence being granted for commercial use would prevail. Section 55 of the Act provides for providing for compulsory registration of tenancy agreement and consequences of non-registration. Section 55 provides as under:

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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.

as follows. The writ petitioners namely, Everrise Housing Private Limited being the Petitioner No. 1 and one Sanjay Agarwal, Director Everrise Housing Private Limited came forward before this Hon'ble Court prayed for declaring the purported proceeding initiated in terms of the alleged notification bearing no. 9817-LA (II) /5 M-1/88 Pt. dated 30th December, 1989 as lapsed. The issue was whether a Post-Acquisition Purchaser or a purchaser after the issuance of a notice under Section 4 and 6 of the Land Acquisition Act, 1894 had any legal right to challenge the acquisition proceeding on the ground of lapse or any other grounds. The answer was 'No'. There was no single instance or any case which had been successfully challenged by the Post Acquisition Purchaser or after the issuance of a notice under Section 4 and 6 of the Land Acquisition Act, 1894, since 1894 till July, 2024 and or the same had been declared as Good Law. On the contrary, there were hundreds of decisions that Post Acquisition Purchaser had no legal standing to the question of acquisition or to its lapse. The reason was that the legal precedent of jurisprudence surrounding the Land Acquisition Act, 1894 had established that a purchaser a land after issuance of notice under Section 4 and 6 of the Act did not have any locus Standi to challenge the acquisition or the lapse of the acquisition proceeding. This was because the right of the original land owner was extinguished upon the acquisition and the purchasers' right were derivative and limited to the extent of their purchase. They were not aggrieved parties therefore, lacked legal capacity to question the acquisition or its lapse. In the case of Shiv Kumar and Another Vs. Union of India and others reported at (2019) 10 SCC 229, it had been clearly stated that admittedly Power under Section 17(4) was exercised dispensing with the enquiry under Section 5A and on service of notice under Section 9 possession was taken since urgency was acute viz pumping station house to be constructed to drain out flood water. Consequently, the land stood vested in the State under Section 17(2) free from all encumbrances. It was further settled law that once possession was taken by operation of Section 17(2) the land vested in the State free from all encumbrances unless a notification under Section 48(1) was published in the gazette withdrawing the acquisition. Section 11A as amended by Act 68 of 1894 therefore, did not apply and the acquisition did not lapse. The said Judgment held, "It has been laid down that purchasers on any ground whatsoever cannot question proceeding for taking possession. A purchaser after Section 4 notification does not acquire any right in the land as the sale is ab-initio void and has no right to claim the land under policy". Paragraph 22 of the said Judgment stated," a nullity is inoperative and a person cannot claim the land or declaration once no title has been conferred upon him to claim the land should be given back to him". The said judgement was of Three Judges' Bench and had been affirmed the case of Indore Development Authority Vs. Manoharlal reported at (2020)8 SCC 129. In the case of Indore Development Authority Vs. Manoharlal reported in (2020)8 SCC 129 it had been held by the Five Judges' of the Hon'ble Supreme Court "It does not visualise a situation where possession has been taken under the urgency provision of Section 71, but the award has not been made in such case under Section 24(1)(a) of the 2013 Act, there is no lapse of entire proceeding but compensation is to be determined in accordance to the provisions of the 2013 Act. In case of urgency possession is usually taken before the award is passed. Thus, where no award is passed, where urgency provisions under Section 17(1) of the 1894 Act had been invoked, there is no lapse". In this instant case the provision of Section 17(4) of 1894 Act had been invoked and as such, there could not be any lapse of the proceeding under Section 11A of the Land Acquisition Act in any manner whatsoever. In the case Delhi Development Authority Vs. Godfrey Philips (1) Limited and Others reported at (2022) 8 SCC 771 stated that still further the purchaser had purchased the property after vesting of the land with the State. In fact, none of Dharam Trust earlier Three Judges Bench Judgement in M. Venkatesh was not even referred to the purchaser had no right to claim lapsing of acquisition proceeding in view of the recent Larger Bench Judgement of this Court in Shiv Kumar Vs. Union of India reported in (2019)10 SCC 229 it had been held the purchaser had no right to claim a declaration sought for. In very recent judgement in the case of Delhi Development Authority Vs. Narendra Kumar Jain and Others reported at (2024) 3 SCC 721, it had been held deemed lapse of acquisition proceedings none payment of compensation was not a ground, where possession of land taken furthermore writ petition by subsequent purchaser claiming lapse of proceeding, held not maintainable as such person did not have locus standi to challenge acquisition proceeding and/or pray for deemed lapse of acquisition proceeding. In paragraph 4 of the said judgment it was stated "however, it is required to be noted that the decision of this Court in Manab Dharam Trust which has been relied by the High Court while passing the impugned judgement and order, is held to be not a good law in view of the decision of this Court in Shiv Kumar Vs. Union of India and subsequent decision of this Court in DDA Vs. Godfrey Philips (1) Limited reported in (2022)8 SCC 771". In paragraph 5 it stated "In Shiv Kumar Vs. Union of India and DDA Vs. Godfrey Philips (1) Limited, it is specifically observed and held that the subsequent purchaser has no locus Standi to challenge the acquisition and/or pray for deemed lapse acquisition". The petitioner relied upon a decision (reportable) in M/S Delhi Airtech Services Pvt. Vs. State of U.P. on 14th October, 2022 by Two Judges Bench without referring and considering the ratio of the Judgment of Shiv Kumar Vs. Union of India reported in (2019)10 SCC 229 which was a larger bench decision. In paragraph no. 26, the concluding paragraph (ii) if the requirement was compiled and possession was taken after tendering and paying eighty per centum, though there was need to pass an award and pay the balance compensation within a reasonable time, the rigor of section 11A of Act, 1894 would not apply so as to render the entire proceedings for acquisition to lapse in the context of absolute vesting. The right of land loser in such case was to enforce passing of the award and recover the compensation. The ratio of this case was distinguishable in the facts and circumstances of the case of the petitioner as the right of land loser in such case was to enforce passing of the award and recover the compensation, but the same could not be the right of a Post Acquisition Purchaser under any circumstances and as such, the judgement relied upon by the petitioner was distinguishable and had no manner of application in the facts and circumstances of this case. First of all, it had not considered the judgement passed in the case of Shiv Kumar Vs. Union of India reported at (2019)10 SCC 229 a judgement of Three Judges' Bench and the judgment did not consider paragraph 123 of the case reported in Indore Development Authority Vs. Manoharlal reported at (2020)8 SCC 129 which was a judgement of Five Judges and as such, the writ petition was liable to be dismissed with exemplary costs solely on the ground that the land in possession of the government and notice under Section 17 Sub Section (4) had been invoked and the judgment relied upon by the petitioner was of the judgement of Two Judges Bench without considering the ratio of Three Judges and Five Judges Bench. Furthermore, in the recent judgment of (2024)3 SCC 721 it had affirmed the judgment of Shiv Kumar Vs. Union of India and DDA Vs. Godfrey Philips (1) Limited and as such, the instant writ petition was devoid of merit and was liable to be dismissed with costs. In the case reported at (2011) 5 SCC 394 it was held that once possession had been taken under section 17 section 11A could not be sustained and elaborate explanation had been given.

Darogi Yadav @ Bhupati, aged about 40 years, S/o. Shri Bodhan Yadav, R/o. Vill.- Dudhania Tola, P.O.- Khaira Block, P.S.- Cherko Pathar, Dist.- Jamui, Bihar.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Sumit Prakash, Advocate For the State : Mr. Sudhir Kumar Mahto, A.P.P.

------

02/12.11.2024 Heard the parties.

For the Petitioners : Mr. Vikas Kumar, Advocate For the State : Mrs. Anuradha Sahay, A.P.P.

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03/12.11.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 341/323/325/354-B/379/452/ 504/506/34 of the Indian Penal Code.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, the petitioners tried to outrage the modesty of the informant and also snatched the gold chain from her neck worth Rs.95,000/-. It is further submitted that the petitioners are the neighbours and relatives of the informant. They have been implicated in this case by the informant due to previous enmity. The petitioners have no criminal antecedent as has been stated in paragraph no. 17 of the present application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

Chandan Singh, aged about 24 years, S/o. Kuldeep Singh, R/o. Toiladungary, P.O. & P.S.- Golmuri, Dist.- East Singhbhum, Jharkhand. ... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : Mr. Zaid Imam, Advocate For the State : Mr. Tarun Kumar, A.P.P. ------ 03/11.11.2024 Heard the parties.

2. The petitioner has been made accused in connection with S.T. Case No. 231/2024 arising out of Sidhgora P.S. Case No. 13/2024 corresponding to G.R. No. 468/2024, for the offences registered under Sections 341/323/325/307/302/504/506/120(B)/34 of the I.P.C., pending in the Court of Sri B.K. Sahay, learned Additional Sessions Judge-I, Jamshedpur.

Shashi Dungdung, aged about 24 years, S/o. Late Amrus Dungdung, R/o. Vill.- Karangagudi, Baijutoli, P.O. & P.S.- Kersai, Dist.- Simdega.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Someshwar Roy, A.P.P.

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02/12.11.2024 Heard the parties.

Shashi Dungdung, aged about 24 years, S/o. Late Amrus Dungdung, R/o. Vill.- Karangagudi, Baijutoli, P.O. & P.S.- Kersai, Dist.- Simdega.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Someshwar Roy, A.P.P.

------

02/12.11.2024 Heard the parties.

CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner: Mr. P. K. Roy For the State: Mr. S. P. Jha, A.P.P ----- 03/11.11.2024 Heard learned counsel for the parties.

2. The petitioner apprehending his arrest in connection with the case registered under Sections 341/323/307/504/506/34 IPC has prayed for grant of anticipatory bail.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. He along with his wife has been roped in this case by the informant due to land dispute. Even if the contents of the written report are taken to be true, the informant sustained lacerated injury on his left eyebrow and there was bleeding from his left nostril. He was advised to undergo X-Ray of skull and CTC of head, however, he did not undergo the said scanning. The injuries sustained by the informant have been found simple in nature. The said fact has been mentioned in paragraph 6 of the present anticipatory bail application. The petitioner, however, undertakes to cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

For the petitioner : Mr. Vijoy Kumar Roy, Advocate For the State : Mr. Shashi Kumar Verma, A.P.P

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02/11.11.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 147/149/353/188/307/427/ 269/270 of the Indian Penal Code, Section 3 of Jharkhand Epidemic Disease (Covid-19) Act, 2020 and Section 51 of Disaster Management Act, 2005.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. As per the allegation, the accused persons including the petitioner by forming unlawful assembly used criminal force against public servants deterring them from discharging their official duties. They also pelted stones on the government servants being part of 'Mangala' procession. It is further submitted that the petitioner was not seen as the member of 'Mangala' procession in the CCTV footage. Despite that he has been implicated in this case with malafide motive only due to the reason that he was actively involved in 'Ramnavmi' puja. Moreover, similarly situated co-accused persons namely, Rajesh Keshri and Rakesh Keshri have already been granted anticipatory bail by a Bench of this Court vide order dated 24.08.2021 passed in A.B.A No. 5644 of 2021. Hence, the petitioner may be given the privilege of anticipatory bail.

For the Petitioners : Mr. Mahesh Tewary, Advocate For the State : Mr. Bishambhar Shastri, A.P.P.

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03/12.11.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 147/149/341/323/307/504/506 of the Indian Penal Code.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, the petitioner nos. 2 and 3 assaulted the informant's husband due to which his left leg got fractured. So far as the petitioner no. 1 is concerned, there is no specific allegation against him. The dispute between the parties arose due to a drainage. Even if the content of the written report is taken to be true, the petitioner nos. 2 and 3 had no intention to kill the informant's husband as admittedly, he sustained fracture injury on his leg. The petitioners have no criminal antecedent as has been stated in paragraph no. 13 of the present application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

For the Petitioner : Mr. Subhneet Jha, Advocate For the State : Mr. Ajay Kumar Pathak, A.P.P

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04/12.11.2024 The petitioner is apprehending her arrest for the offences punishable under Sections 376/313/323/341/498-A/420/ 494/34 of the Indian Penal Code, Sections 3/4 of the Dowry Prohibition Act and Section 6 of the POCSO Act.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the complaint leading to lodging of the present F.I.R. It has been alleged that the petitioner along with co-accused Shivnandan Sahu @ Shivandan Sahu (father- in-law) and Pramila Devi (mother-in-law) was involved in getting pregnancy of the informant terminated and that the main accused Sikandar Sahu performed another marriage with her. In fact, co- accused Sikandar Sahu has not performed any marriage with the petitioner. She is merely a co-villager and she has been implicated in this case by the informant due to personal grudge. Moreover, co- accused Shivnandan Sahu @ Shivandan Sahu, Pramila Devi and Surendra Sahu @ Sulendra Sahu have already been granted anticipatory bail by this Court vide order dated 10.09.2024 passed in A.B.A No. 3816/2024. The petitioner also undertakes to co-operate in the ongoing investigation. Hence, she may be given the privilege of anticipatory bail.

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