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Balkeshwar Maurya and ors. Vs. State of U.P. and ors.

Balkeshwar Maurya and ors. vs State of U.P. and ors.

Disposition Petition dismissed Court Allahabad Decided Aug 07, 2002
~3 min read
https://sooperkanoon.com/case/492334

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
Writ Petn. No. 4302 of 2002
Subject
Criminal
Disposition
Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

- LAND ACQUISITION ACT, 1894 [C.A. No. 1/1894]. Section 4; [Sushil Harkauli, S.K. Singh & Krishna Murari, JJ] Acquisition of land Held, Court cannot issue a Writ of Mandamus directing the State Authorities to acquire a particular land. Land acquisition is not purely ministerial act to be performed by executive No...

Key legal issue
Criminal
Outcome / disposition
Petition dismissed
Acts & sections
Schedule Castes and Schedule Tribes Cases (Prevention of Atrocities) Act, 1989 - Sections 3(1); Sections 147, 148, 308, 323, 504 and 506; Constitution of India - Article 23

Parties & Advocates

Appellant / Petitioner

Balkeshwar Maurya and ors.

Advocate L.K. Pandey, Adv.

Respondent

State of U.P. and ors.

Advocate A.G.A.

Legal References

Acts
Schedule Castes and Schedule Tribes Cases (Prevention of Atrocities) Act, 1989 - Sections 3(1); Sections 147, 148, 308, 323, 504 and 506; Constitution of India - Article 23
Reported In
2002CriLJ4565

Excerpt

.....the provisions of land acquisition act, 1894. it would, however, be open to the court in exercise of that power to invite the attention of the executive to any public purpose and the need for land for meeting that public purpose and to require the executive to take a decision, even a reasoned decision, with regard to the same in accordance with the statutory provisions, perhaps even within a reasonable time frame. however, the power of the court under article 226 must necessarily stop at that. thereafter, if the decision taken by the executive is capable of challenge and, there exist appropriate legal grounds for such challenge, it may also be open to the court to quash the decision and to require reconsideration. but no direction in the nature of mandamus whether interim or final can be issued by the court under article 226 to the executive to necessarily acquire a particular area of a particular piece of land for a particular public purpose. section 4; compulsory acquisition of land powers of state government held, renewal of lease in favour of petitioners would not take away power of state government of compulsory acquisition of land. renewal of lease would at best be taken into consideration for determining quantum of compensation. order1. heard learned counsel for the petitioner and learned government counsel.2. the petitioner is challenging the impugned f.i.r. dated 4-7-2002. annexure 4 to the writ petition under sections 147/148/323/504/506/308, i.p.c. and 3(1)(x) sc/st act of p. s. phulpur, district allahabad.3. a perusal of the impugned f.i.r. shows that the allegations therein are that at about 4 a.m. on 11-5-2002 the first information who is 'pasi' by caste was sleeping outside his house when the petitioners who are mostly brahmans by caste came there and woke up the first informant and took him away and on the way started beating him with lathis and abusing him. the first informant became unconscious and fell down due to these beatings. the petitioners abused the first informant saying that he was 'pasi' by caste and yet he is not doing 'begari' for the petitioners. due to this beating the right hand of the first informant is still not functioning. the first informant tried to lodge f.i.r. at the police station but the police did not lodge it for a long time.4. the caste system is a curse on indian society and because of this our nation has not been able to progress much. we are not indians today, rather we are brahmans, thakurs, yadavs, muslims, harijans etc. i.e. divided on caste and communal lines. unless the caste system is destroyed we cannot unite and our nation cannot progress. hence, the caste system is an enemy of our nation. out of the six petitioners five of them are brahmins and they behaved in a barbaric manner by insisting that the first informant who is 'pasi' by caste must do 'begari' for them otherwise he will be beaten up. begari has been specifically prohibited by article 23 of the constitution. it is nothing but a form of slavery. this is the age of democracy and if the so-called upper castes think that they can force the so-called lower castes to do whatever they want the time has come that they must be made to change their thinking completely, as this kind of.....

Full Judgment

ORDER

1. Heard learned counsel for the petitioner and learned Government Counsel.

2. The petitioner is challenging the impugned F.I.R. dated 4-7-2002. Annexure 4 to the writ petition under Sections 147/148/323/504/506/308, I.P.C. and 3(1)(X) SC/ST Act of P. S. Phulpur, District Allahabad.

3. A perusal of the impugned F.I.R. shows that the allegations therein are that at about 4 a.m. on 11-5-2002 the first information who is 'pasi' by caste was sleeping outside his house when the petitioners who are mostly Brahmans by caste came there and woke up the first informant and took him away and on the way started beating him with lathis and abusing him. The first informant became unconscious and fell down due to these beatings. The petitioners abused the first informant saying that he was 'pasi' by caste and yet he is not doing 'Begari' for the petitioners. Due to this beating the right hand of the first informant is still not functioning. The first informant tried to lodge F.I.R. at the police station but the police did not lodge it for a long time.

4. The caste system is a curse on Indian society and because of this our nation has not been able to progress much. We are not Indians today, rather we are Brahmans, Thakurs, Yadavs, Muslims, Harijans etc. i.e. divided on caste and communal lines. Unless the caste system is destroyed we cannot unite and our nation cannot progress. Hence, the caste system is an enemy of our nation. Out of the six petitioners five of them are Brahmins and they behaved in a barbaric manner by insisting that the first informant who is 'pasi' by caste must do 'begari' for them otherwise he will be beaten up. Begari has been specifically prohibited by Article 23 of the Constitution. It is nothing but a form of slavery. This is the age of democracy and if the so-called upper castes think that they can force the so-called lower castes to do whatever they want the time has come that they must be made to change their thinking completely, as this kind of thinking is feudal and backward and can no longer be tolerated.

5. There is no doubt that some persons among the so-called upper castes look upon the Harijans as inferior. This just shows that many of the so-called upper caste people are backward feudal minded persons who have no understanding of modern society. The so-called upper caste must change their mind now because we are living in a democratic society where sweeping revolutionary changes are taking place and the country's aim and object has to be to form a modern democratic society, in which all persons are treated as equals.

6. The petitioners in this case have behaved in an abominable manner. There is no force in this petition and it is dismissed. However, the petitioners' bail application will be decided expeditiously by the Court concerned without being influenced by the above observations.

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