Allahabad Court September 1998 Judgments

Pirthi Vs. Todar Mal

Court: Allahabad

Reported in: 1998(4)AWC129

R.K. Mahajan, J.1. This is a revision petition filed against the order dated 28.10.1983, passed by Ist Civil Judge. Meerut by virtue of which he has refused to restore the ex-parte decree passed on 24.8.1981. He was of the view that the revisionist has refused to take the delivery of registered cover. The Postman appeared and deposed that revisionist did not take delivery of the registered cover. It appears that Original Suit. No. 590 of 1980 was filed under Order XXXVII. Rule 4 of the Civil Procedure Code for recovery of Rs. 29.889.75 in the Court of First Civil Judge. Meerut on the allegations that the plaintiff had advanced loan of Rs. 12,000 to the defendant revisionist on 19.7.1976 at an agreed rate of interest 2% per annum. It was also agreed to create a charge in the form of simple mortgage on Khasra No. 152 area 8 BIghas 8 Biswas and 6 Biswansls. situate in village Nangla Barhi, Pargana and Tehsil Baghpat. district Meerut. The revisionist defendant inspite of service, did not a...

Mohd. Islam Siddiqui and Another Vs. State of U.P. and Others

Court: Allahabad

Reported in: 1999(1)AWC225; (1998)3UPLBEC2071

M. Katju, J.1. Heard Sri Ashok Khare, learned counsel for the petitioner and Sri Sunil Ambwani appearing for the High Court and for the District Judge, Mainpuri.2. This writ petition has been filed for a mandamus directing the respondents to declare the result of the selection held on 24.3.1995 for the post of Hindi Stenographer in the District Judgeship of Mainpuri. It appears that the District Judge, Mainpuri Issued an advertisement which was published in the newspapers inviting applications for filling up the post of Hindi Stenographers in the Judgeship of Mainpuri. On 24.3.1995 the selection test for Hindi Stenographer was conducted and the petitioners participated in the same. However, it appears that the result of this selection was not declared by the District Judge, Mainpuri. In paragraph 7 of the writ petition, it is stated that the reason for not declaring the result was that on 23.3.1995 some circular letter from the High Court was received by the District Judge placing some...

Prakash NaraIn Misra (Decd.) Through L.R. Vs. State of U.P. and Others

Court: Allahabad

Reported in: 1999(1)AWC329

B.K. Roy, J. 1. This writ petition was filed by Prakash Narain Misra. Head Master, Rajkiya Inter College, Mainpuri, praying to quash the order dated 15.9.90 (as contained in Annexure-1 to the writ petition) suspending him from his post.2. From the petition along with amendment application supported by affidavit of his widow Smt. Sarla Devi, filed on 2.3.98, I find that a prayer has been made for substituting the name of his widow Smt, Sarla Devi, staling, inter alia, that she Is legally wedded wife of the petitioner, who died on 21.12.97, leaving behind her as his sole heir and legal representative and it would be in the interest of justice to substitute her name ; that the sole petitioner had retired from service on 30th June, 1993 ; that vide order dated 15.5.90 this Court had stayed operation of the suspension order ; that after the death of her husband the suspension order has becomeinfructuous (Mr. Misra states that in place of the words 'become infructuous' the word 'frustrated' ...

Genda Lal Vs. District Judge, Kanpur Nagar and Others

Court: Allahabad

Reported in: 1999(1)AWC606

J.C. Gupta, J.1. H e a r dpetitioner's counsel.2. The dispute relates to a portion of house No. 127/196(40), Vishwakarma Mandir. Juhi, Kanpur Nagar, which is a charitable trust property whose Sarvarakar is Mahadev Prasad. It appears that after vacation by Randhir Singh tenant, the disputed accommodation was declared vacant by the order of the R.C.O. dated 14.8.92 and thereafter the same was allotted in favour of the petitioner by the order of the R.C. and E.G. dated 17.9.1992. The landlord challenged the order of allotment byfiling revision under Section 18 of the Act and the same was allowed by the Additional District Judge by the order dated 21.9.1994. The order of allotment made in favour of the petitioner was set aside on the ground of non-compliance of the mandatory provisions of Rules 8 (2) and 9 (3) of the Rules framed under the Act inasmuch as at no stage of the proceedings, landlord was informed of the same and the order of allotment was obtained by the petitioner behind the b...

Atar Singh Vs. State of U.P., Through Collector, Allahabad and Others

Court: Allahabad

Reported in: 1999(1)AWC658

S.R. Singh, J. 1. The petitioner herein seeks issuance of a writ of certiorari quashing the order dated 31.3.1997 passed by the respondent No. 4 and the recovery proceedings initiated against the father of the petitioner which culminated in the auction sale of tractor bearing registration No. UMV 9482, on 28.2.1997 and issuance of sale certificate dated March 6, 1997. The ground on which certiorari is sought is that the recovery proceedings were initiated against the petitioner's father Dhanus Dhari Singh who died on 9.9.1996 but the petitioner who is legal heir of Dhanus Dhari Singh was not brought on record and the recovery proceedings were initiated against dead person.2. In 1994 a writ petition was filed by Dhanus Dhari in which the recovery proceedings initiated vide citation dated 28.1.1994 for the recovery of a sum of Rs. 1,74.527 were sought to be quashed. This Court by Judgment and order dated 1.4.1994 (quoted in paragraph 1 of the writ petition) stayed the recovery proceeding...

Akhila Nand Pandey Vs. State of U.P. and Another

Court: Allahabad

Reported in: 1998(4)AWC259

R.R.K. Trivedi and Dev Kant Trivedi, JJ.1. The petitioner has prayed for a writ of mandamus commanding the respondents to appoint him in the agricultural group services on the basis of the result of Combined State Services Examination of 1993 claiming to be in the category of dependants of freedom fighters entitled to reservation.2. The petitioner, holding a doctorate in Agricultural Economics from Govind Ballabh Pant Agriculture University and Sciences, had appeared in the 1993 Examination of State Combined Services. He appeared in the interview on 16.5.1996 and was declared successful in the agricultural group under the Notification No.40/10/CI/95-96. dated 21.5.1996. He was placed at Sl. No. 20 in the list of successful candidates in the agricultural group. The petitioner had also claimed benefit of reservation being a dependant of freedom fighter which according to him, is 5% of the vacancies. According to the petitioner, the provisions of G. O. dated 30.12.1993 relating to reserva...

Kunji Lal Vs. Union of India (Uoi) and anr.

Court: Central Administrative Tribunal CAT Allahabad

1. In this application filed under Section 19 of the Administrative Tribunals Act, 1985, applicant makes a prayer to issue direction to the respondents to give an employment to the applicant on compassionate ground.2. In brief, the facts of the case, as stated by the applicant, are that the applicant is the real son of Late Shri Pati Singh, who was appointed on the post of Gateman in the year 1964 and was posted at Gate No. 17-C, near Nihalpur, Bharwari, Allahabad. It is stated that in the intervening night of 9/10-02-1971 when Shri Pati Singh was on duty, some decoits came and murdered him. It is submitted that the deceased Pati Singh was a confirmed employee on the post of Gateman and the age of the applicant was only one year at the time of death of his father.Applicant's date of birth is 04.07.70 as per his High School Certificate. It is also submitted that the mother of the applicant was also died on 15.08.70, leaving only the applicant as per son. The applicant remained in the g...

Anwar Ahmad Siddiqui Vs. U.P. Co-operative Institutional Service Board ...

Court: Allahabad

Reported in: 1999(1)AWC558

R.H. Zaidi, J.1. Heard the learned counsel for the petitioner, learned standing counsel and also perused the record.2. By means of this petition, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 6.2.1997 passed by opposite party No. 2 and the order dated 27.1.1997 passed by opposite party No. 1 contained in Annexures-2 and 1 respectively to the writ petition.3. It appears that the order of Surcharge was passed against the petitioner under Section 68 of the U. P. Co-operative Societies Act. 1965 (for short the Act). The order being appellable and appeal was filed by the petitioner, which is stated to be pending disposal before the Cooperative Tribunal. In the meanwhile by means of the impugned order dated 6.2.1997, the petitioner was also discontinued from service of clerk (category 3) with prior approval of competent authority, granted to the Society vide order dated 27.1.1997. The orders impugned in the present petition a...

Muqeem Ahmad and Others Vs. District Judge, Sultanpur

Court: Allahabad

Reported in: 1999(1)AWC748

O.P. Garg, J. 1. An advertisement which appeared in the local newspaper, 'DA1NIK RISH1DESH' published from Sultanpur on 22.6.1997, issued by the District Judge. Sultanpur, respondent, calling for applications from the candidates for appointment to class IV posts in the Judgeship of Sultanpur, has come to be challenged in the present three writ petitions, on the ground that on the basis of test and interview held for preparing the waiting list of candidates under Rule 12 of the U. P. Subordinate Civil Courts Inferior Establishment Rules. 1955 (hereinafter referred to as 'the Rules of 1955'), for the posts of Process Servers. Orderlies. Office peons and Farrashes, published on 13.6.1995 in the light of the roster as prescribed by the State Government under sub-section (5) of Section 3 of the U. P. Public Services (Reservation for Scheduled Castes and Scheduled Tribes and Other Backward Classes) Act, 1994, has not yet exhausted by making appointments after serial number 7 onwards.2. In Ci...

Bhagwan Singh Sisodia Vs. State of U.P. and Others

Court: Allahabad

Reported in: 1998(3)AWC2114

M. Katju, J.1. This writ petition has been filed for quashing order dated 31.12.97 Annexure-14 to the petition and order dated 2.1.97 Annexure-15 as well as order 7.1.97 Annexure-5 to the writ petition and for a mandamus directing the respondents not to interfere with the functioning of the petitioner as officiating Principal of the College in question.2. The dispute in this case is regarding the question as to who is entitled to officiate as the Principal of the College till a regular selection. It appears that the U. P. Secondary Education Service Commission prepared a panel of three names for appointment on the post of Principal of D. N. College and A. K. School, Tirwa, Kannauj vide Annexure-3 to the petition. In this panel, Mohd. Nairn is at Serial No. 1 and Chandresh Nath Singh Baghel is at serial No. 2 and Ram Chandra is at serial No. 3. This select list was prepared on 3.8,96 and accordingly Mohd. Nairn was appointed as Principal on 4.8.96 and he worked till 30.6.97 when he reti...