Patna High Court Weekly Round-Up: July 31 - August 06

Nominal Index

Radhe Sharma v. Chief Secretary, Mines and Geology & others. 2023 LiveLaw (Pat) 87

Youth For Equality and others vs. State of Bihar and others along with connected matters 2023 LiveLaw (Pat) 88

Progressive Constructions Limited vs. The State of Bihar and Another 2023 LiveLaw (Pat) 89

Judgments/Orders This Week

Patna High Court Grants Anticipatory Bail On Condition Of Planting 500 Trees, In Environment Protection Act Violation Case

Case Title: Radhe Sharma v. Chief Secretary, Mines and Geology & others.

Case Citation: 2023 LiveLaw (Pat) 87

The Patna High Court has granted anticipatory-arrest bail to a man, who was booked for violating Bihar Minor Mineral Concessions Rules, 1972 and the Environment (Protection) Act, on the condition of planting 500 trees.

The counsel appearing for the mines department submitted that if the petitioner is ready to plant 500 trees in the area specified by the District Mines Officer, Sheikhpura and also undertakes to take responsibility for their up-keeping for a period of six months, he has no objection if the privilege of bail is granted to the petitioner. The plants will be given to the petitioner free of cost, he added.

Patna HC Dismisses Pleas Challenging Bihar Govt's Decision To Conduct Caste-Based Survey In State

Case Title - Youth For Equality and others vs. State of Bihar and others along with connected matters

Case Citation: 2023 LiveLaw (Pat) 88

The Patna High Court today dismissed pleas challenging the decision of the Bihar Government to conduct a caste-based survey in the State. The High Court, has in effect, paved the way for a caste-based survey in the state. After hearing a total of 5 PIL pleas challenging various aspects of the survey, a bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy had reserved the verdict in the matter back on July 7.

State Govt Competent To Conduct Caste Based Survey To Determine Backward Communities For Providing Development With Justice: Patna HC

Case Title - Youth For Equality and others vs. State of Bihar and others along with connected matters

Case Citation: 2023 LiveLaw (Pat) 88

Terming the Bihar Government’s decision to conduct a caste-based survey in the State as “perfectly valid initiated with due competence”, the Patna High Court on Tuesday dismissed a bunch of pleas challenging the State Government’s initiative. The High Court’s decision has paved for a caste survey in the state, the further work of which was stayed (as an interim measure) by the HC on May 4.

Patna High Court Deprecates State Tax Authority's Conduct; Orders Restoration Of Refund Application

Case Title: Progressive Constructions Limited vs. The State of Bihar and Another

Case Citation: 2023 LiveLaw (Pat) 89

In a significant ruling, the Patna High Court criticized the State Tax Authority for its handling of a refund application filed by Progressive Constructions Limited and set aside the impugned order. The court, in its judgment, expressed strong disapproval of the Officer's conduct and restored the refund application before the appropriate authority.

Other Developments

Pleas Challenging Bihar Govt's Decision To Conduct Caste-Based Survey In State: High Court To Deliver Judgment Tomorrow

Case Title - Youth For Equality vs State of Bihar along with connected matters

The Patna High Court is set to pronounce its verdict tomorrow on the pleas challenging the decision of the Bihar Government to conduct a caste-based survey in the State. After hearing a total of 5 PIL pleas challenging various aspects of the survey, a bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy had reserved the verdict on July 7. It may be noted that the survey was rolled out in two phases. The first phase, which began on January 7, was a household counting exercise and it was completed by January 21.