Allahabad Court September 1998 Judgments
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Yugul Kishore Pandey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1998(4)AWC97; (1998)3UPLBEC2191
D.K. Seth, J.1. The petitioner's date of birth was entered into his service record as on 31st January, 1935 on the basis of his High School Certificate, wherein the same date of birth was recorded. Subsequently his date of birth as recorded in the service record was sought to be altered by reason of an enquiry made by the respondents from the Board with regard to the date of birth of the petitioner on the ground that the date of birth was recorded as on 1st January, 1933 in the records of the Board. The respondents had passed an order on 8th February, 1995, which is Annexure-5 to the writ petition, whereby it was pointed out that it was ascertained from the records of the Board that the petitioner's date of birth was recorded therein as on 31st January, 1933 and, therefore, he should have retired on 30th June, 1993 and, therefore, he is deemed to have retired on 30th June. 1993 and whatever, salary he had received after 30th June. 1993, should be refunded. This order has since been cha...
Pramod Kumar Vs. Nagar Palika, Aligarh and Others
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1998(4)AWC45
S.L. Saraf, J.1. By this writ petition the petitioner has challenged the orders dated 28.9.1986. 12.4.1989 and 6.4.1990, passed by the Nagarpalika authorities, Aligarh.2. The short point involved in this writ petition is whether the petitioner is liable to be assessed for payment of tax on the annual letting value of the building under clause (a) or (b) of sub-section (1) of Section 140 of the U. P. Municipalities Act, 1916.3. Admittedly the petitioner had let out the building to the State Bank of India for purposes other than residence. The submission of Mr. V. K. Barman, learned counsel appearing for the petitioner is that the building had been let out for commercial purposes, as such, the annual valuation be made on the basis of Section 140 (1) (a) of the aforesaid Act of 1916. The submission of the petitioner is that since tenancy of the State Bank of India, which is a public body, is for public purpose, the valuation should be on the basis of Section 140 (1) (a) of the Act. Mr. Ba...
Committee of Management, Baba Raghav Das Post Graduate College, Deoria ...
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1998(4)AWC230; (1998)3UPLBEC1903
O.P. Garg, J. 1.An order dated 26.6.1998 (Annexure-15 to the writ petition) has been passed by the-State of U. P. (Uccha Shiksha Anubhag-6), under the provisions of Section 58 (1} to the U. P. Universities Act, 1973 (hereinafter referred to as 'the Act'), whereby the Committee of Management of Baba Raghav Das Post Graduate College, Deoria of which Krishna Murari Mani Tripathi, petitioner No. 2 is the Manager, has been suspended for a period of one year and the District Magistrate. Deoria has been appointed its Authorised Controller, which office he has taken over on 29.6.1998. It is this order, which has come to be challenged in the present writ petition under Article 226 of the Constitution of India, primarily on the ground that the offending order has been passed in flagrant violation of the principles of natural Justice. It is prayed that the impugned order dated 26.6.1998 be quashed and the respondents be commanded not to interfere with the functioning of the petitioners-Committee ...
Smt. Chameli Tripathi Vs. Committee of Management and Others
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1998(4)AWC307
I.P. Vasishth, J.1. The petitioner prays for a writ of certiorari quashing her dismissal orders dated 25.8.1998 as corrected by the subsequent order dated 27.8.1998 respectively contained in Annexures-9 and 10.2. The gist of the matter is that the petitioner took up the job as a Junior High School Teacher in an institution run under the management of respondent Nos. 1 and 2 at Gurunanak Vidyalaya. Sultanpur--on the representation that she had done her Intermediate and then attained ten years teaching experience, thus straitlng the necessity of having the B. T. C. qualification. At a later stage, the management doubted her claim of teaching experience and as such issued her a show cause notice which was duly replied by her. The management did not feel satisfied with her explanation and issued further notices which too were duly replied by her. But despite all that, under the impugned orders her services were terminated without issuing any charge-sheet or holding a formal disciplinary en...
Rakesh Kumar Vatsa Vs. District Judge, Saharanpur and Others
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1998(4)AWC842
J.C. Gupta, J.1. Heard petitioner's counsel Shrl A, K. Gaur and Shri Rajesh Tandon, learned counsel appearing for the caveator- res pendent.2. The petitioner has challenged the order dated 21.8.1998 passed by the Rent Control and Eviction Officer, Saharanpur whereby the premises in question has been declared vacant on the ground of the same being in unauthorised occupation of the petitioner. It is not the case of the petitioner that he is in occupation of the building in question on the basis of order ofallotment. Learned counsel for the caveator invited the attention of the Court to the own statement of the petitioner made before the Rent Control Inspector that he is in occupation of the building in question for the last about four years. It was not the case of the petitioner before the Rent Control Officer nor it has been claimed in the writ petition here that the petitioner has been in occupation of the accommodation in question since before the commencement of the U. P. Act No. 13 ...
Kedar Singh and Others Vs. Dy. Director of Consolidation, Sultanpur an ...
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1998(4)AWC810
Dev Kant Trivedi, J.1. By means of this writ petition under Article 226 of the Constitution of India, the quashing of the judgment of the Consolidation Officer dated 20.8.1971. the judgment of the Assistant Settlement Officer. Consolidation dated 4.7.1972, 21.7.1972 and 25.9.1972 and the judgment of the Deputy Director, Consolidation dated 21.2.1975 and 7.6.1973 have been prayed for.2. The dispute relates to Khata No. 120 consisting of several plots situate in village Kaithapur Pargana C hand a, district Sultanpur. During the basic year, the name of the opposite party Nos. 4 and 5. namely, Nand Lal Singh and Dukhi Singh were recorded as Sirdars. Several objections were filedduring consolidation operation before the Assistant Consolidation Officer, The original petitioner Nos. 1, 2. 4 and 6 have died and their legal heirs have been substituted. The opposite party Nos. 4 and 5, and several other persons have filed objections before the Assistant Consolidation Officer. The claim of the pe...
Ved Prakash Agarwal Vs. District Judge, Kanpur Nagar and Others
Court: Allahabad
Decided on: Sep-17-1998
Reported in: 1998(4)AWC836
J.C. Gupta, J.1. Heard petitioner's counsel Shri Rajesh Tandon as well as learned counsel for the caveator respondents.2. This writ petition is directed against the order of the Rent Control and Eviction Officer dated 12.5.1998 rejecting the petitioner's application filed under Section 16 (5) of the U. P. Act No. 13 of 1972 [hereinafter referred to as the Act) for the review of the order dated 31.12.1997 whereby the accommodation In question was released in favour of the landlord-respondent.3. It is not disputed before the Court that the petitioner is in occupation of the accommodation in question without an order of allotment in his favour. The petitioner himself participated in the proceedings relating to declaration of vacancy and filed his own affidavit admitting that he has been in occupation of the accommodation in question as tenant since 1991 and as the landlord happened to be his relation, he did not think it necessary to obtain any order of allotment. It is also not disputed ...
Vayu Sena Hindon Sahakari Avas Samiti Ltd. Vs. State of U.P. and Anoth ...
Court: Allahabad
Decided on: Sep-16-1998
Reported in: 1999(1)AWC574; (1998)3UPLBEC2180
P.K. Jain, J.1. The petitioner society, registered under the U. P. Cooperative Societies Act, 1965, having its object to achieve and improve the social and economic conditions of its members through the common ownership and democratic management of the instrument of wealth. Only retired Defence personnel and their dependents numbering 476 are its members. The society originally acquired 11 acres of land through an agreement with the tenure-holders. Later on the membership of the society increased and to meet the needs of the members. the society needed additional land for purposes of developing residential colonies for its members. Till the date of filing of the petition, the society acquired total 31.5 acres of land through negotiations with tenure-holder's. After developing the land, the plots of land have been allotted to its members and the sale deeds were got registered on various dates. A notice dated 7.5.1988 as contained in Annexure-3 under Section 154 (2) read with Section 167...
Mukesh Kumar Srivastava Vs. Anant Sahkari Avas Samiti Ltd., Allahabad ...
Court: Allahabad
Decided on: Sep-16-1998
Reported in: 1999(1)AWC636
S.R. Singh, J.1. Challenge in the instant petition is focussed on the order dated 13.8.1998 passed by Civil Judge (Sr. Division). Allahabad in Execution Case No. 3 of 1998, Mukesh Kumar Srivastava v. Anant Sahakari Avas Samiti and others, by which the learned Civil Judge (Senior Division), Allahabad rejected the petitioner's application for execution of an order of ad-interim injunction dated 22.1.1998 passed by the Arbitrator/ Executive Engineer U. P. Avas Evam Vikas Parishad in exercise of power under Section 71 (3) of the U. P. Cooperative Societies Act, 1965.2. Briefly stated, the factual matrix of the case is that in a dispute between Mukesh Kumar Srivastava on one hand and Anant Sahakari Avas Samiti Ltd., through its Secretary--Sri Ravindra Nath, 39, Jawaharlal Road, Allahabad : Sarvasri Ravindra Nath and Radha Raman Pandey on the other, the Arbitrator by his order dated 22.1.1998 interdicted the defendants from making any construction on plot No. 18B George Town House No. 29, Am...
Govind Prasad Vs. Iiird Addl. District Judge, Meerut and Others
Court: Allahabad
Decided on: Sep-16-1998
Reported in: 1999(1)AWC649
J.C. Gupta, J.1. Heard Sri R. K. Misra holding brief of Sri N. C. Rajvansi counsel for the petitioner and Sri Vivek Chaudhary counsel appearing for the respondents.2. This is tenant's writ petition challenging the order dated 8.9.1980 and 7.9.1978 passed by respondent . Nos. 1 and 2 respectively.3. It appears that the landlord-respondents brought a suit for ejectment of the petitioner from disputed land and for recovery of arrears of rent and mesne profits. Similar suits were brought against other tenants also. It further appears that the petitioner and other tenants moved applications under sub-section (6) of Section 29A of the U. P. Act No. XIII of 1972 by giving an unconditional offer to pay to the landlord the enhanced rent of land for the entire period in suit and onwards at the rate of 10% per annum of the prevailing market value of the land together with costs of the suit. The Court where the suits were pending accepted the said offer of the tenants and determined the market val...
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