Allahabad Court March 2001 Judgments
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NasiruddIn Vs. Nagar Nigam, Ghaziabad
Court: Allahabad
Decided on: Mar-22-2001
Reported in: 2001(2)AWC1232
G. P. Mathur, J.1. This petition under Article 226 of the Constitution has been filed praying that respondent Nagar Nigam, Ghaziabad, be directed to execute a sale deed of Flat No. 20. Gandhi Nagar, Ghaziabad in favour of the petitioner and that it may be restrained from interfering in his possession over the said flat.2. It is averred in the writ petition that the petitioner employed in Nagar Nigam, Ghaziabad in 1964 and retired as Nazir (Sadar) on 31.12.1999. The Municipal Board. Ghaziabad (which became Nagar Nigam in 1994) had constructed flats on Patel Marg and in Gandhi Nagar which were also allotted to its employees. The petitioner was allotted Flat No. 20 in Gandhi Nagar on 28.2.1989, for which he was required to pay Rs. 122.65 as standard rent. The State Government had issued a G.O. on 17.6.1993 granting approval to the Nagar Nigams to sell those flats which had been given on rent. The claim of the petitioner is that as the flat in question had been allotted to him and he is an...
Raj Kishore and Others Vs. Commissioner, Gorakhpur Division and Others
Court: Allahabad
Decided on: Mar-22-2001
Reported in: 2001(2)AWC1236
G. P. Mathur, J.1. The Executive Engineer. P.W.D., Deoria issued an advertisement inviting tenders upto 28.2.2001 for letting out the right to realise tolls on Baikunthpur Ghat on Chhotigandak river. The present writ petition under Article 226 of the Constitution has been filed for quashing of the aforesaid tender notice.2. The seven petitioners claim that they are mallah/nishad by caste and have been running a ferry from time immemorial over the aforesaid ghat. They further claim that Baikunthpur Ghat was being managed by the fore-fathers of the petitioners from ages and their families are depended upon the same. In support of their claim, the petitioners rely upon khatauni of 1359-fasli of village Baikunthpur where the name of Bhujawan and others were recorded over Khata No. 270. It is averred in the writ petition that the petitioners are descendants of Bhujawan. The petitioners further rely upon an order dated 18.9.1953 passed by the District Land Reforms Officer. Deoria and accordi...
Mohd. Ismail Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-22-2001
Reported in: 2001(2)AWC1238; (2001)2UPLBEC1257
A. K. Yog, J.1. Petitioner, Mohd. Ismail, had applied against the advertisement issued by the respondents in the year 1989 in order to be considered for appointment as 'Urdu Teacher'. Petitioner was selected and appointed as Urdu Teacher in pursuance of the selection process initiated on the basis of said advertisement. However, an order dated 21.10.1985 (Annexure-8 to the writ petition) was issued cancelling his appointment as 'Urdu Teacher' on the basis of certain Government Orders prescribing minimum qualification and holding that petitioner did not possess the same.2. Feeling aggrieved petitioner approached this Court by filing present petition. Several other persons who were similarly and identically situated as the petitioner had filed several petitions (enumerated in paragraph 25 of the petition). Petitioner apprehended that his appointment may be cancelled without opportunity or notice even that he possessed requisite minimum qualification.3. Petitioner was not allowed to work ...
Urmila Srivastava (Smt.) Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Mar-22-2001
Reported in: (2001)2UPLBEC1713
R.K. Agrawal, J.1. The petitioner, Smt. Urmila Srivastava has filed the present petition under Article 226 of the Constitution of India, seeking a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.6.2000 passed by the District Inspector of Schools, Jaunpur, respondent No. 1, (filed as Annexure-5 to the writ petition), order dated 30.6.2000 passed by the Joint Director of Education, Varanasi Region, Varanasi, respondent No. 2, (filed as Annexure-6 to the writ petition) and the order dated 19/20.9.2000 passed by the District Inspect of Schools, Jaunpur, respondent No. 1. (filed as Annexure-10 to the writ petition). She further prays for a writ of mandamus restraining the respondents from interfering in the functioning of the petitioner on the post of Officiating Principal of Adarsh Girls Inter College, Kheta Sarai, Jaunpur and to give all service benefits including salary from the said post w.e.f. 1st July, 2000.2. Briefly stated the facts of the c...
Suryabhan Yadav Vs. the Vice-chancellor/Chairman Academic Counsel, Ban ...
Court: Allahabad
Decided on: Mar-22-2001
Reported in: (2001)2UPLBEC1058
V.M. Sahai, J.1. A mention has been made by the learned Counsel for the petitioner that the matter is extremely urgent. I am satisfied that the matter is urgent, therefore, the requirement of notice as per sub-rule (4) of Rule 1 of Chapter XXII of the Rules of the Court is dispensed with.2. Heard Sri D.B. Yadav learned Counsel for the petitioner and Sri V.K. Upadhyaya learned Counsel appearing for the respondents No. 1 to 3.3. The petitioner was admitted in M. Com. (Previous) course of Banaras Hindu University on 2.8.2000. His father fell ill and was admitted in Nazareth Hospital, Allahabad on 7.8.2000 where he died on 13.8.2000. The medical certificate has been annexed as Annexure-2 to the writ petition. In paragraph 4 of the petition it has been stated that in the Entrance Examination for admission to M. Com. course the petitioner secured 5th position which shows that he is a brilliant student. He could not attend his classes, as he was disturbed due to his father's death and the pet...
Ram Das Yadav Vs. Sena Nayak, 45th Battalion P.A.C. and ors.
Court: Allahabad
Decided on: Mar-22-2001
Reported in: (2001)2UPLBEC1775
R.K. Agrawal, J.1. The petitioner has filed the present petition seeking a writ, order or direction in the nature of certiorari quashing the order dated 6.1.1996 passed by the respondent No. 1 contained in Annexure 1 to the writ petition and further a writ of mandamus commanding the respondents not to interfere in the services of the petitioner as constable in 45th Battalion, P.A.C., Aligarh and pay him salary treating his services in continuation.2. Briefly stated facts of the case are that the petitioner was appointed as a Constable in 35th Battalion, P.A.C., Lucknow sometimes in the year 1984. In the year 1987 he was transferred to 45th Battalion, P.A.C., Aligarh. Further he was sent alongwith his Battalion to Konkrajhar, Assam. His services was terminated vide order dated 6.1.1996, which was communicated to him on 8.1.1996 at Aligarh when his Battalion came to Aligarh.3. It appears that the petitioner was found absent from the Battalion at 1900 hours on 3.1.1996 and had gone to a n...
Smt. Nayan Tara Rai Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-22-2001
Reported in: 2001CriLJ2844
G.P. Mathur, J.1. This petition under Article 226 of the Constitution has been filed praying that the F.I.R. lodged on 14-7-2000 at P.S. Sikanderpur which has been registered as case crime No. 206 of 2000 under Section 3/7, E.C. Act against the petitioner be quashed.2. Sri Sudama Singh Member of Legislative Assembly lodged an F.I.R. on 14-7-2000 at P.S. Sikandarpur alleging that he went to the petrol pump of M/s. Deepak Automobiles to get diesel for his vehicle but Bhuneshwar Verma. manager of the pump said that the diesel had exhausted and declined to give the same to him. It is alleged that the first informant informed the concerned police station and some police personnel came and an inspection was done. On switching on the three pumps no diesel came out of the nozzel. However, on measuring the quanity of diesel in the underground tanks, it was found that there were 18 dips of diesel in the eastern tank and 5 dips of diesel in the western tank. In the sales room. 20 litres dieesel w...
Ram Naresh Yadav Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-22-2001
Reported in: 2001CriLJ2890
M. Katju and Onkareshwar Bhatt, JJ.1. The petitioner is challenging the impugned F.I.R. in case Crime No. 13 of 2001, under Sections 420, 467, 468, 471 and 409, I.P.C., Police Station Malawan, District Etah, vide Annexure 1 to the writ petition.2. The petitioner is the Principal of Suraj Pal Madhyamik Vidyalaya, Kargraula District Etah and the allegation in the F.I.R. is that he has embezzled the scholarship fee.3. A large number of petitions are coming up before this Court in which F.I.Rs. have been filed against the Principals and teachers of Schools and Colleges in U.P. alleging embezzlement of scholarship fee and other school funds. This just shows the level of degradation to which this country has sunk. Principals and teachers of Schools and Colleges are supposed to be ideals for the students and youth, but unfortunately today they are often regarded as thieves by the students because they are often conducting themselves as thieves. Hence we are not inclined to interfere with the ...
Bekaru Vs. Shiv Murat and Others
Court: Allahabad
Decided on: Mar-20-2001
Reported in: 2001(2)AWC1225
U. S. Tripathi, J.1. Therespondent of the appeal has moved an application for abatement of the appeal under Section 5 (2) of U. P. Consolidation of Holdings Act (hereinafter called the Act) mainly on the ground that during pendency of the appeal, notification under Section 4 of the Act has been issued and by virtue of Section 5 (2) of the said Act, the appeal stands abated.2. Heard learned counsel for the parties and perused the pleadings of the parties and judgment of the courts below.3. It is not disputed that notification under Section 4 of the Act has been issued in respect of the village, in which land in suit is situate. The respondent has also filed the photo copy of the gazette notification dated 16.2,1991.4. The suit out of which this second appeal arose was filed for cancellation of sale deed dated 9.9.1979. The case of the plaintiff was that the plot in suit originally belonged to Tamma alias Tamai, Smt. Balraji was wife of Tamma alias Tamai. Tamma had no issue and, therefor...
New India Assurance Co. and Another Vs. Lekhraj Singh Verma
Court: Allahabad
Decided on: Mar-20-2001
Reported in: 2001ACJ1438; 2001(2)AWC1234
U. S. Tripathi, J.1. This appeal has been directed against the judgment and award dated 21.2.1990 passed by Motor Accident Claims Tribunal/IInd A.D.J.. Meerut in Motor Accident Claim Case No. 27 of 1988 awarding a sum of Rs. 80,000 along with interest at the rate of Rs. 12% per annum on account of injury sustained by claimant in motor accident.2. On 18.10.1985, claimant, Ex. Captain of Military Service was coming from Begum Bridge side on a cycle and going towards Shastri Nagar in Meerut city. At about 12 noon near Prayag Nursing Home, Car No. U.H.O. 131 owned by appellant No. 2 and insured with appellant No. 1 due to rash and negligent driving of the driver dashed against the claimant, due to which he fell down on the road and sustained injuries. He was treated in the hospital till 14.12.1985, but still could not be cured. His hip bone was fractured and one of leg had shortened by 2- 1/2 inches. He also took prolonged treatment in B.H.U. and another hospital.3. The claimant filed clai...
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