BIPIN TIWARI AND ORS. Vs. THE STATE OF BIHAR AND ORS.
LAWS(PAT)-2015-1-210
HIGH COURT OF PATNA
Decided on
January 27,2015
Bipin Tiwari And Ors.
Appellant
VERSUS
THE STATE OF BIHAR AND ORS.
Respondents
Referred Judgements :-
M/S. BAHARIJI MILLS LTD. VS. STATE [REFERRED TO]JANARDHAN REDDY VS. STATE CRIMINAL MISC [REFERRED TO]
GARIKAPATI VEERAYA VS. N SUBBIAH CHOUDHRY [REFERRED TO]
MAHADEOLAL KANODIA VS. ADMINISTRATOR GENERAL OF WEST BENGAL [REFERRED TO]
T CAJEE VS. U JORMANIK SIEM ANOTHER [REFERRED TO]
SAJJAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
AMIREDDI RAJA GOPALA RAO VS. AMIREDDI SITHARAMAMMA [REFERRED TO]
RAM PARSHAD VS. STATE OF PUNJAB [REFERRED TO]
J P JANI INCOME TAX OFFICER CIRCLE IV WARD G AHMEDABAD VS. INDUPRASAD DEVSHANKER BHATT [REFERRED TO]
ARJAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF ORISSA VS. CHANDRASEKHAR SINGH BHOI [REFERRED TO]
GOVINDLAL CHHAGANLAL PATEL VS. AGRICULTURAL PRODUCE MARKET COMMITTEE GODHRA [REFERRED TO]
MOHAMMAD RASHTO AHMAD ASHFAQ HUSSAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
PUNJAB TIN SUPPLY CO CHANDIGARH LEKH RAJ VS. CENTRAL GOVERNMENT:CENTRAL GOVERNMENT [REFERRED TO]
SURINDER SINGH VS. CENTRAL GOVERNMENT [REFERRED TO]
P KESAVAN DEAD VS. AMMUKUTTY AMMA [REFERRED TO]
K S PARIPOORNAN VS. STATE OF KERALA [REFERRED TO]
GAJRAJ SINGH VS. STATE TRANSPORT APPELLATE TRIBUNAL [REFERRED TO]
DILIP VS. MOHAMMAD AZIZUL HAQ [REFERRED TO]
VIRENDER SINGH HOODA VS. STATE OF HARYANA [REFERRED TO]
JANTIA HILL TRUCK OWNERS ASSOCIATION VS. SHAILANG AREA COAL DEALER AND TRUCK OWNER ASSOCIATION [REFERRED TO]
JANTIA HILL TRUCK OWNERS ASSOCIATION VS. SHAILANG AREA COAL DEALER AND TRUCK OWNER ASSOCIATION [REFERRED TO]
RAJENDRA AGRICULTURAL UNIVERSITY VS. ASHOK KUMAR PRASAD [REFERRED TO]
BANARASI DAS KANKAN VS. UTTAR PRADESH GOVERNMENT [REFERRED TO]
VISHNU SUGAR MILLS LTD VS. STATE OF BIHAR [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]
SUHAS H. POPHALE VS. ORIENTAL INSURANCE CO. LTD. [REFERRED TO]
JUDGEMENT
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(1.)Heard counsel for the parties. As in all the cases, identical questions have been raised, as such, all the cases are being disposed of by a common order. For brevity, the facts of CWJC No. 328 of 2014 is being taken into consideration.
(2.)In the present case i.e. CWJC No. 328 of 2014, the petitioner has challenged the order dated 28th August, 2013 (Annexure-7) passed in Record No. 5 of 2012-13 by the Sub-Divisional Officer, Kishanganj (Respondent No. 3) under Section 6(3) of the Bihar Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2010 (hereinafter, in short, referred to as the "Conversion Act") by which he has arbitrarily and illegally levied Rs. 1,11,251/- as conversion fee and Rs. 1,55,625/- (sic - Rs. 55,625/-?) as penalty being 50 per cent of the conversion fee on the petitioner's land and issued demand notice dated 28th August, 2013 (Annexure-8) against the petitioner for payment of total amount of Rs. 1,66,876/-.
(3.)Filtering the unnecessary facts, petitioner runs a brick-kiln in the name and style "M/s. Narayan Tiwari Bricks" situated in Village-Raja Ganw in the district of Kishanganj. The brick-kiln was established in the year 2005-06. As has been claimed, the area of the brick-kiln is 1.67 Acre, out of total area of 3.27 acres of land and rest 1.67 acres of land is used for drying the raw bricks for 3-4 months and later on it is used for agricultural purpose.
;
(2.)In the present case i.e. CWJC No. 328 of 2014, the petitioner has challenged the order dated 28th August, 2013 (Annexure-7) passed in Record No. 5 of 2012-13 by the Sub-Divisional Officer, Kishanganj (Respondent No. 3) under Section 6(3) of the Bihar Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2010 (hereinafter, in short, referred to as the "Conversion Act") by which he has arbitrarily and illegally levied Rs. 1,11,251/- as conversion fee and Rs. 1,55,625/- (sic - Rs. 55,625/-?) as penalty being 50 per cent of the conversion fee on the petitioner's land and issued demand notice dated 28th August, 2013 (Annexure-8) against the petitioner for payment of total amount of Rs. 1,66,876/-.
(3.)Filtering the unnecessary facts, petitioner runs a brick-kiln in the name and style "M/s. Narayan Tiwari Bricks" situated in Village-Raja Ganw in the district of Kishanganj. The brick-kiln was established in the year 2005-06. As has been claimed, the area of the brick-kiln is 1.67 Acre, out of total area of 3.27 acres of land and rest 1.67 acres of land is used for drying the raw bricks for 3-4 months and later on it is used for agricultural purpose.
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