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2015 Supreme(Pat) 496

SHIVAJI PANDEY
Bipin Tiwari – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
(In CWJC No. 328 of 2014)
For the Petitioners: Mr. Ramesh Kumar Agrawal, Adv.
For the Respondents: Mr. Sanjeev Kumar, AC to SC-30
(In CWJC No.5951 of 2014)
For the Petitioners: Mr. Ramesh Kumar Agrawal, Adv.
For the Respondents: Mr. Abbas Haider, SC-16
Mr. Ramesh Chandra, AC to SC-16
(In CWJC No. 3651 of 2014)
For the Petitioners: Mr. Ramesh Kumar Agrawal, Adv.
For the Respondents: Mr. Ashok Kumar. SC-11
Mr. Amresh Kumar, AC to SC-11
(In CWJC No. 3678 of 2014)
For the Petitioners: Mr. Ramesh Kumar Agrawal, Adv.
For the Respondents: Mr. Sheo Shankar Prasad, SC-10
Mr. Anil Kumar, AC to SC-10

JUDGMENT :

Shivaji Pandey, J.

Heard counsel for the parties. As in all the cases, identical questions have been raised, as such, all t he cases are being disposed of by a common order.

2. For brevity, the facts of CWJC No. 328 of 2014 is being taken into consideration.

3. 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. 05 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.l55,625/- 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/-.

4. 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 claim








































































































































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