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Rana Praveen Singh v. The State Of Bihar and Ors.

Patna HC2 Dec 2013CWJC/19888/2013

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition challenging a salami demand. Following a coordinate Bench order, the Court directed respondents to charge salami as per a high-level meeting decision and issued a timeline for NOC issuance.

What did the court decide?

Respondents directed to charge salami per high-level meeting decision and issue formal No Objection Certificate within two weeks of deposit.

Rana Praveen Singh Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19888 of 2013

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====================================================== Rana Praveen Singh, son of Sri Ram Briksh Singh Pahepuri, R/o MohallaKashipur, P.S.-Samastipur Town, District-Samastipur.

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.... .... Petitioner/s Versus 1. The State Of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Patna. 2. Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Road Construction Department, Govt. of Bihar, Patna.

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Executive Engineer, Road Division, Samastipur.

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Hindustan Petroleum Corporation through its Chairman.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh For the Respondent/s : Mr. Anjani Kr Sharan ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 4 02-12-2013 In this writ application a letter of the Engineer-in-Chiefcum-Special Secretary dated 31.01.2013, as contained in Annexure-3, is under challenge by which, towards salami for the use of land on the flank of a road on State Highway for five years petitioner has been asked to deposit an amount of Rs.7,06,350/-. Learned counsel for the petitioner submits that in the high level meeting under the Chairmanship of Engineer-in-Chief held on 16.6.2012, as contained in Annexure-5, rates were fixed for use of the land on the flank of a road in different manner depending on the road on which land situated. As per this decision

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Patna High Court CWJC No.19888 of 2013 (4) dt.02-12-2013

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of the meeting, an amount of Rs.2 lakhs was payable for use of flank land on a State Highway for 15 years. He submits that this proceeding of the meeting fell for consideration before a coordinate Bench of this Court in CWJC No.19741 of 2012 and the Bench, by order dated 09.05.2013, as contained in Annexure-8, has directed the respondents to charge salami of the land as per this decision only.

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Learned counsel for the State was repeatedly granted indulgence to find out as to whether the said decision taken in the meeting has been rescinded or is still effective. He submits that in spite of his repeated efforts he has not been able to receive instructions.

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In the circumstances, following the orders passed by the co-ordinate Bench, as contained in Annexure-8, this writ application is disposed of with a direction to the respondents to charge salami of the land for use by the petitioner in front of his petrol pump on the basis of the said decision. Accordingly, on deposit of the amount, as per the said decision, the respondents shall issue formal ‘No Objection Certificate’ to the petitioner for the requisite period.

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The revised demand for salami must be served on the petitioner within one month from today. Petitioner shall deposit

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Patna High Court CWJC No.19888 of 2013 (4) dt.02-12-2013

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the amount within one month thereafter. Upon deposit of the amount, the ‘No Objection Certificate’ shall be issued to the petitioner positively within two weeks thereafter.

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Arvind/-

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(Jayanandan Singh, J)

Rana Praveen Singh v. The State Of Bihar and Ors.

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Rana Praveen Singh v. The State Of Bihar and Ors.

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