Allahabad Court September 1999 Judgments
Hausila Prasad Vs. Deputy Director of Consolidation, Sultanpur and Oth ...
Court: Allahabad
Decided on: Sep-30-1999
Reported in: 2000(1)AWC58
Naseemuddin, J.1. This writ petition has been filed by Hausila Prasad under Article 226 of the Constitution of India for quashing order dated 30.8.97 passed by the Deputy Director of Consolidation. Sultanpur, opposite party No. 1 in respect of the petitioner's Chak No. 344/1 of village Rebha, Pargana and Tehsil Amethi district Sultanpur (Annexure No. 8).2. Learned counsel for both the parties were heard.3. The brief facts for the purpose of the disposal of the present writ petition are that petitioner Hausila Prasad was allotted Chaks. Out of them the first Chak was in respect of several plots including plot Nos. 344/1 and 344/2 which was the bhumidhari of the petitioner also. That in C. H. Form No. 2A during survey, trees were found by the authorities on plot No. 344/1 ; some of the part of this plot was parti. That a tubewell exists on plot No. 344/2 which is the private source of irrigation. That on the objection of Sarjoo Prasad, opposite party No. 2 the Chak was allotted to him of...
Tag this Judgment!Sheo Raj Prasad Vs. State of U.P. and Another
Court: Allahabad
Decided on: Sep-30-1999
Reported in: 2000(1)AWC76; (2000)2UPLBEC1176
A.K. Yog, J.1. Sheo Raj Prasad, petitioner, while working as Lekhpal in the District Fatehpur, was compulsorily retired vide order dated 12th January, 1990 (Annexure-4 to the writ petition) on the basis of assessment of his relevant past service record, by a duly constituted screening Committee constituted under relevant Government Order (vide Rule 56, fundamental rules contained in financial hand book-Part iI (extract thereof has been filed as C.A. 1 to the counter-affidavit).2. In para 3 of the writ petition. It is admitted that a first information report was lodged by Tehsildar, Bindki regarding interpolation in revenue records in his custody and final report was submitted as the investigating Officer could not fix the responsibility with respect to person who had committed said interpolation. (Copy of First information Report has been filed as Annexure-2 to the writ petition). Vide order dated 17th November, 1982 S.D.M. Bindki, though revoked suspension but found petitioner respons...
Tag this Judgment!Bhagwan Singh Vs. Saheb Singh and Others
Court: Allahabad
Decided on: Sep-30-1999
Reported in: 2000(1)AWC151
Yatindra Singh, J.1. This writ petition involves' the applicability of the U. P. Debt Relief Act. 1977 (the Act) to the legal heirs of a debtor when the debtor was not alive on the date of enforcement of the Act. Are the legal heirs entitled to the benefit of the Act? Are they also 'debtors' within the meaning of the ActFACTS 2. Late Sri Har Prasad hadmortgaged his land to one Sri Saheb Singh (the contesting respondent). Sri Har Prasad died without redeemingthe mortgage before the enforcement of the Act. His nephews, namely, Sri Bhagwan Singh (the petitioner) and Sri Atar Singh (respondent No. 2), the legal heirs, inherited his property. The contesting respondent filed a suit for recovery of his debt against the legal heirs, which was decreed.3. The contesting respondent started execution proceedings in which the property of late Sri Har Prasad in the hands of the legal heirs was sold on 1.3.1976. The legal heirs filed an objection against the same. During the pendency of this objectio...
Tag this Judgment!Shamshad Ahmad Khan Vs. District Inspector of Schools, Kushinagar and ...
Court: Allahabad
Decided on: Sep-30-1999
Reported in: 2000(1)AWC159
M. Katju, J. 1. This writ petition has been filed for quashing of theimpugned order dated 13.7.98 (Annexure-5 to the writ petition) and for a mandamus directing the respondents not to interfere in the working of the petitioner as peon in the institution in question and to pay him salary regularly.2. I have heard learned counsel for the parties. In this case counter-affidavit has been filed by the respondent No. 4 but no counter-affidavit has been filed by respondent Nos. 1 and 2 although one month's time for filing counter-affidavit was granted by this Court on 27.7.98. It is alleged in paragraph 2 of the petition that two substantive vacancies on Class IV post, in the institution in question came into existence on the retirement of two permanent Class IV employees. The Principal of the College advertised the post, and the petitioner was selected and appointed by the authorities and he Joined on 19.6.98 as stated in paragraph 8 of the petition. Thereafter the College authorities repeat...
Tag this Judgment!Committee of Management Ekbal Inter College, Sooratpur, Jaunpur and An ...
Court: Allahabad
Decided on: Sep-30-1999
Reported in: 2000(1)AWC158; (2000)1UPLBEC554
D. S. Sirtha, J. 1. Heard Shri A. P.Sahai, learned counsel appearing for the respondent-appellants. Dr. R. G. Padia. learned Senior Advocate. appearing for the petitioner-respondent Nos. 3 and 4 and Shri Vinay Malviya, learned standingcounsel of the State of U. P.. representing the respondent Nos- 1 and 2.2. By his order and judgment dated 17th August, 1999, under appeal, the learned single Judge has directed the Director of Education (Secondary) U. P., Camp Office at Lucknow, to nominate an officer other than the present incumbent of the office of Joint Director of Education, namely, Shri Basdev Prasad for deciding the dispute relating to the management of Ekbal Inter College, Sooratpur, Pesara, District Jaunpur.3. Under sub-section (7) of Section 16A of the U. P. Intermediate Education Act, 1921 (hereinafter called the 'Act'), the power to decide the dispute in respect to the management of institution vests in the Regional Deputy Director of Education.4. The Court is informed that no...
Tag this Judgment!Rama Devi Vs. Prescribed Authority, Civil Judge, Junior Division, Shah ...
Court: Allahabad
Decided on: Sep-30-1999
Reported in: 2000(1)AWC216
Yatindra Singh, J.1. This is atypical case : unfortunate one may say. One has heard, a brother contesting a case against other brothers : or a son against his father though rare but not unheard of--but this is a case between a daughter and her mother. They even deny the names of each other. One does not hear such cases ; at least I haven't. I wish this case could have been settled amicably. With the help of the advocates, efforts were made but were unsuccessful. Now. I have to undertake this painful duty to decide this matter on merits. Here are the facts.FACTS 2. Sri Hardwari Lal and his wife (the mother) have three daughters. The dispute here is between the youngest daughter (the daughter) and wife of Hardwari Lal, the mother of the youngest daughter. Sri Hardwari Lal is a silent spectator in this dispute and the two other daughters are the players behind the scenessiding with their mother ; they have filed affidavits contradicting their younger sister's version and supporting the mo...
Tag this Judgment!Satya Pal Singh and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-30-1999
Reported in: 1999(4)AWC3294; [1997(75)FLR328]
O.P. Garg, J.1. With a view to boost the morale and to promote enthusiasm, devotion to duty and by way of incentive to the members of the Police force, the State of U. P. in Home (Police) Anubhag-1, has issued a Government Order dated 3.2.1994. Annexure-1 to the writ petition for out of turn promotion in case a Police Officer/official shows indomitable courage and valour, commitment and dedication to duty during the course of his employment. The petitioners. Satya Pal Singh and Natthu Singh who are Police Constables and Devendra Kumar and Sudesh Gupta who are Sub-Inspectors in Civil Police are claiming out of turn promotion in the following circumstances.2. There was a dreaded and notorious criminal Amar Pal, who had let loose a reign of terror in the district of Ghaziabad in particular, and the surrounding areas in general. A special party, comprising Station Officer. Sharad Pratap Singh, Constable Gyanendra Kumar and Constable Ashok Kumar, respondent Nos. 6, 7 and 8 was constituted t...
Tag this Judgment!Rajesh Prasad Tiwari Vs. Registrar, Co-operative Societies, U.P., Luck ...
Court: Allahabad
Decided on: Sep-30-1999
Reported in: 1999(4)AWC3266
M. Katju and D.R. Chaudhary,JJ.1. This writ petition has been filed praying for a writ of mandamus directing the respondents to pay salary to the petitioner in the revised scale of Rs, 975-1.660 w.e.f. 1.4.1989 as applicable to the Secretary grade II and for a mandamus directing the respondents to absorb the petitioner on the post of Secretary grade II.2. We have heard the learned counsel for the parties. The petitioner was appointed on 25.1.1981 as Accountant in a Co-operative Society in Mirzapur and on 25.5.1985 he was appointed as Secretary of Baudala Sadhan Sahkari Samiti which is a Primary Agricultural Co-operative Credit Society at Mirzapur. The petitioner was posted in the pay scale of 375-578, which was subsequently modified, to Rs. 400-650 in January 1989. True copy of the order appointing the petitioner as Secretary is Annexure-2 to the petition. It is alleged in paragraph 4 of the petition that the petitioner was being paid salary in the scale of Secretary of the Society as ...
Tag this Judgment!Sohan Singh and anr. Vs. the District Inspector of Schools and ors.
Court: Allahabad
Decided on: Sep-30-1999
Reported in: (2000)1UPLBEC895
R.K. Agrawal, J.1. The petitioner, Sohan Singh and Yogendra Singh Rawat have filed this writ petition seeking a writ, order of direction in the nature of certiorari quashing the order dated 20-3-1993 passed by the District Inspector of Schools, Pauri Garhwal, respondent No. 1 (filed as Annexure 10 to the writ petition).2. By means of the order dated 20-3-1993 the District Inspector of Schools had declined to grant approval to the appointment of the petitioners as Assistant Teachers. The petitioners were appointed as Assistant Teacher in Inter College, Pasundakhal, District Pauri Garhwal on 25-10-1991. It is claimed by the petitioners that they were appointed against permanent vacancies after the same was duly advertised.3. I have heard Sri Prakash Padia, learned Counsel appearing for the petitioners and the learned Standing Counsel appearing for the respondents.4. Mr. Padia has invited the attention of this Court to the U.P. Secondary Education Services Commission (Amendment) Act, 1998...
Tag this Judgment!Shahadat Vs. State of U.P.
Court: Allahabad
Decided on: Sep-30-1999
Reported in: 2000CriLJ2809
M.C. Jain, J.1. Accused-appellant Shahadat has been convicted under Section 302, I.P.C. and sentenced to life imprisonment by Sri Usha Kant Verma, the then IIIrd Additional Sessions Judge, Kanpur in S.T. No. 282 of 1979. Aggrieved, he has preferred this appeal before this Court. There was another co-accused Munna who was tried under Section 302 read with Section 34, I.P.C. but he was acquitted.2. The case relates to the murder of one Abdul Aziz alias Palle on 15-8-1979 at about 12.30 p.m. The report was lodged the same day at 2 p.m. by Khalil. The case of the prosecution as per F.I.R. and the evidence adduced in the Court below was that on the fateful day at about 12.15 p.m., Khalil P.W. 2 was going to the house of his Khaloo Meera situate in Colenlganj, Kanpur. When he reached near the house of Ajmeri on way, he saw the accused-appellant Shahadat and his maternal uncle Salim exchanging hot words. Co-accused Munna was also present there. Khalil advised Shahadat that he should have cons...
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