Allahabad Court December 1998 Judgments
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Rajesh Kumar Pandey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-16-1998
Reported in: 1998(4)AWC648
M. Katju and S. L. Saraf, JJ.1. Heard Sri Yogesh Agarwal. learned counsel for the petitioner, Sri R. G. Padia. learned counsel for the respondent No. 2, learned Standing Counsel for respondent No. 3 and Sri Mohd. Isa Khan for respondent No. 4. The respondents may file counter affidavit within three weeks. List in the week commencing 4th January, 1999.2. This writ petition furnishes a typical instance of the shocking state of affairs which is prevailing In the State of U. P. The Mafia Raj has been continuing in U. P. for quite some time and the time has come when all this must be stopped otherwise development of the State is impossible. The petitioner has alleged that he had come to participate in the auction for petrol pump at Ratanpur in Sultanpur which was held at Hotel Harsh, Mahatma Gandi Marg. Civil Lines, Allahabad on 19.11.1998 at 10 a.m. It has been alleged in paragraphs 6 & 7 to the writ petition that the petitioner went to Harsh Hotel on 19.11.1998 at about 9 a.m. alongwlth t...
Deependra Kumar Srivastava and ors. and Ajay Pal Singh and ors. Vs. St ...
Court: Allahabad
Decided on: Dec-16-1998
Reported in: (1999)1UPLBEC639
O.P. Garg, J.1. The petitioners who are 18 in number in the present two writ petitions, alongwith others had appeared in regular selection for the recruitment to Class III post in the Judgeship of Fatehpur. The recruitment was held in accordance with the provisions of the Subordinate Civil Courts Ministerial Establishment Rules, 1947 (hereinafter referred to as the Rules of 1947) as well as the Rules for the Recruitment of Ministerial Staff to the Subordinate Offices, 1950. A select list of the approved candidates for the year 1991 was prepared and approved by the then District Judge on l9-1-1991. The names of all the 18 petitioners find place in the said approved list, a copy of which is Annexure-1 to the writ petitions. The candidates listed at S1. Nos. 1 to 16 have already been appointed against various vacancies which occurred in Fatehpur Judgeship and some of them have been transferred to other districts.2. The case of the petitioners is that they have been offered temporary appoi...
Narendra Bahadur Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-15-1998
Reported in: 1999(1)AWC609; (1999)1UPLBEC184
R.S. Dhavan and V.P. God, JJ.1. This petition has been filed by the President of the Nagar Panchayat, Sahatwar, district Ballia. He faces a no-confidence motion, but seeks a certiorari action that the intention of making a motion of no-confidence is not in conformity of the law, and it should be quashed. The meeting to consider a motion of no-confidence has been scheduled for 18th December, 1998.2. Bringing in a motion of no-confidence has been provided in Section 87A of the U. P. Municipalities Act, 1916. By this writ petition, it is contended that, firstly. Section 87A of the Act is ultra vires to certain provisions of the Constitution (Seventy-fourth) Amendment Act, 1992 and secondly, that the motion of no-confidence as has been Initiated is irregular, illegal and suffers from jurisdictional errors and incompatible with the procedure prescribed.3. In so far as the first aspect is concerned, i.e.. permitting submissions on the question whether Section 87A of the Act may be ultra uire...
Shree Chand Gupta Vs. Xviii Additional District Judge, Meerut and Othe ...
Court: Allahabad
Decided on: Dec-15-1998
Reported in: 1999(2)AWC977
J.C. Gupta, J.1. This is tenant's petition for quashing the orders dated 13.11.1997 and dated 21.4.1998 passed by the respondent Nos. 2 and 1 respectively whereby the release application moved by the landlord-respondent No. 3 under Section 21 (1) (a) of the U. P. Act No. 13 of 1972. (hereinafter referred to as the 'Act') has been allowed.2. The dispute relates to a shop situate in Gandhi Bazar. Kasba Baghpat (now a separate District), whose boundaries were given in the release application. The landlord applied for the release of the disputed shop with the allegations that in order to extend his business and toaugment his income for meeting out the requirements of his family and his children, the necessity of setting up business of ready-made garments has arisen because the Ice Factory owned by him was not yielding sufficient income on account of the same being a seasonal business in summer season only and since he has no other suitable accommodation with him, his need for the disputed ...
Ravindra Kumar Vs. Settlement Officer, Consolidation, Sidharthnagar an ...
Court: Allahabad
Decided on: Dec-15-1998
Reported in: 1999(2)AWC1128
D.K. Seth, J.1. The petitioner had made a representation before Settlement Officer, Consolidation seeking ad hoc appointment. Mr. Manish Chandra Tewari, learned counsel for the petitioner submits that an advertisement has been issued for selection in the post of consolidation Lekhpals. Since the recruitment through the said process would take sometime, therefore, the petitioner has made representation for being appointed temporarily in the meantime, which may be considered by the authority concerned.2. I have heard Mr. Manish Chandra Tewari and Mr. S. N. Srivastava, learned Brief Holder on behalf of the respondents.3. It appears that recruitment process has already started. There is no provision that in case the recruitment process takes sometime, then somebody should be appointedtemporarily in the meantime at the choice of an individual. It is for the respondents to lake administrative decision as to whether they would appoint anyone temporarily or not. Then again, when the recruitmen...
Sharda Prasad Vs. Director, Printing and Stationery, Allahabad and Oth ...
Court: Allahabad
Decided on: Dec-15-1998
Reported in: 1999(2)AWC1129; [1999(81)FLR706]
D.K. Seth, J.1. Mr. A. C. Tiwari, learned counsel for the petitioner submits that the petitioner on earlier occasion had moved a writ petition being Writ Petition No. 29789 of 1995. The said writ petition was disposed of in favour of the petitioner on 15.4.1998. A copy of the said order is Annexure-2 to the writ petition. Mr. Tiwari further submits that a special appeal against the said judgment and order dated 15.4.1998 passed in W.P. No. 29789 of 1995 is pending. However, no interim order has been' obtained in the said appeal. Since the respondents were not complying with the order dated 15.4.1998, the petitioner has filed Contempt Petition No. 2044 of 1998. In which the respondents have filed a simple application and obtained one month's time and thereafter disappeared. Therefore, the order has not been complied with. He submits that the said contempt petition is still pending. In such circumstances, according to him, there is no alternative but to file this writpetition seeking a d...
Ramji Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-15-1998
Reported in: 1999(2)AWC1223
D.K. Seth, J.1. By means ofpresent writ petition, the petitioner had sought to correct the date of birth as on 4.7.1937 instead of 1.7.1934 as recorded in his service book, on the basis of High School Certificate, which is Annexure-1 to the writ petition.2. In the writ petition, the petitioner has described himself as son of Jai Murti Singh. On the basis of this High School Certificate (Annexure-1), the petitioner had obtained an interim order to the extent that until ordered otherwise or the date on which the petitioner attains the age of superannuation, to be computed on the basis of date of birth given in the High School Certificate of the petitioner, whichever is earlier, the petitioner shall not be retired and shall be entitled to all the benefits of employment.3. Mr. Ajay Bhanot, learnedBrief Holder for the State relying on the statements made in paragraphs 5 and 15 of the counter-affidavit, contends that the petitioner having applied for correction tn the date of birth at the fa...
Kanhaiya Lal Keshari and Others Vs. Vice-chancellor, University of All ...
Court: Allahabad
Decided on: Dec-15-1998
Reported in: 1998(4)AWC649
D. K. Seth, J.1. The petitioners admission from has been rejected on the ground that though the petitioners had obtained more than 40% but less than 45% marks in the qualifying examination for being admitted in LLB course. Learned counsel for the petitioners contends that circular contained in Annexure-2 does not apply in case of the petitioners since they are seeking admission for the course for the session 1996-97 and the said circular would be applicable for the session 1998-99. Therefore, since the petitioners have obtained more than 40% marks, their admission cannot be refused.2. Mr. Ashok Bhushan, learned counsel for the respondents points out that the said circular does not provide that it is to be effected from the 1998-99 session. In the absence of any specific provision. It would be applied whenthe admission is being effected after April 1998, i.e.. from the date of issue of the said circular which is dated 21.4.1998.3. I have heard learned counsel for the parties.4. I have p...
Tulika Ram and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-15-1998
Reported in: 1998(4)AWC720
A. N. Gupta and R. P. Nigam, JJ.1. A Combined Pre-Medical Test for admission to Graduate Medical Courses is held every year in Uttar Pradesh and one or the other University of the State is asked to hold the said test under sub-section (5) of Section 28 of U. P. State Universities Act. 1973. The Combined Pre-Medical Test in the year, 1997 was assigned to and was managed and held by Kanpur University now known as Sri Sahuji Maharaj Kanpur University, Kanpur. At that time. Dr. S. S. Katiyar was Vice-Chancellor of the said University.2. In the Combined Pre-Medical Test (C.P.M.T.) the number of seats available in the Government Medical Colleges, were as follows :1.M.B.B.S. .782 Seats2.B.D.S. (Dental) .51 Seats3.B.H.M.S. (Homeopathy) .295 Seats4.B.A.M.S. (Ayurveda) .430 Seats5.B.U.M.S. [Unani) .80 Seats3. Besides these seats, this test was also held, for 50 free seats and 35 paid seats in M.B.B.S. and 20 free seats and 14 paid seats in B.D.S. In private medical colleges.4. Combined Pre-Medic...
Ganganagar Sahkari Avas Samiti Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-15-1998
Reported in: 1998(4)AWC652
O. P. Garg, J.The petitioner is a registered housing society of which Ram Charan--respondent No. 4 is a member. By virtue of his membership, he was allotted land in plot No. 133 situate at Khyora Bangar in district Kanpur. A lease deed for a period of 99 years dated 25.4.1981 was registered on 7th July, 1981. Under the terms of the aforesaid lease, the respondent No. 4 was required to pay development charges and the lease rent, etc., to the petitioner-Samiti. The case of the petitioner-Samiti is that in spite of the repeated letters and reminders, the respondent No. 4 did not pay the development charges and consequently on 11.2.1990, the petitioner-Samiti adopted a resolution that if by 15th April. 1990, the respondent No. 4 does not pay the requisite amount, his lease shall be cancelled. Ultimately, on the failure of the respondent No. 4 to pay development charges, lease was cancelled. An application under Sections 70/71 of the U. P. Co-operative Societies Act, 1965 (hereinafter refer...
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