Allahabad Court May 2001 Judgments
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Narendra Kumar Vs. District Inspector of Schools, Agra and Others
Court: Allahabad
Decided on: May-18-2001
Reported in: 2001LabIC3924; (2001)2UPLBEC1888
Sunil Ambwani, J. 1. The petitioner is challenging the order dated 8.2.2000 passed by District Inspector of Schools, Agra. Annexure-10 to the writ petition, by which he has rejected the approval of petitioner's appointment as clerk in Shree Digamber Jain Inter College, Agra. The facts giving rise to the petition are as follows :2. Shree Digamber Jain Inter College is a minority institution, a certificate in this regard has been issued by District Inspector of School. Agra on 20.9.1976. It isalleged that on a leave vacancy arising on one year's leave taken by permanent clerk, the management appointed petitioner and the documents were sent to District Inspector of School. Agra. for approval. A reminder was also sent to him in this regard. However, before approval could be granted, the said clerk retired. The committee of management advertised the substantive vacancy in daily newspaper 'Aaj' on 22.6.1999. This advertisement was also published in the newspaper 'Statesman' on 30.6.1999. Pet...
Chandra Prakash Gupta Vs. Addl. District Magistrate and Another
Court: Allahabad
Decided on: May-18-2001
Reported in: [2001(90)FLR478]; 2001LabIC3960; (2001)2UPLBEC1555
ORDERSunil Ambwani, J.1. The petitioner was appointed as a typist on daily wages in the integrated rural development programme w.e.f. 1.12.1986 by A.D.M. (Project) vide its order dated 5.12.1986. He was continued with breaks in between upto 16.10.1989. During the period he worked, he was paid daily wages. On 17.10.1989, it is alleged that his services were terminated on oral orders of A.D.M. (Project). In the present petition, he has challenged termination of his services and is seeking a writ of mandamus directing the respondents to treat the petitioner in service since 17.10.1989 as a regular typist and to pay him salary.2. This Court vide its order dated 23.11.1990, after giving opportunity to the respondents to file counter-affidavit, passed orders to the effect that the petitioner shall be allowed to join and continue on the post of typist, on which he was working within a period of one week, and that he shall be paid his salary from month to month. A counter-affidavit was filed o...
Dayalbagh Educational Institute Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-18-2001
Reported in: AIR2001All290; (2001)2UPLBEC1615
S. Rafat Alam, J.1. By means of this writ petition under Article 226 of the Constitution of India the petitioner, a deemed University under Section 3 of the University Grants Commission Act, 1956 (3 of 1956) as prayed for the following reliefs :(A) issue a writ direction or order in the nature of mandamus commanding the respondent No. 2 to preserve the use of all the plots meant for the development of the petitioner institution and not to permit construction over the said plots ; and (B) to issue a writ of mandamus to stop and ultimately to remove the construction raised in the plot Nos. 340, 341 and 348 and further restrain it from doing any act which constitutes breach of the Master Plan under the Notification dated 11.2.1992 in derogation of the rights created in favour of the petitioner under the Master Plan for the Dayalbagh Regulated Area reserved for the petitioner and further the Hon'ble Court may quash the plans wrongfully sanctioned by the A.D.A. by issuing a writ in the nat...
Smt. Yoothika Bhadoria Vs. Upper Nagar Magistrate (V)/Prescribed Autho ...
Court: Allahabad
Decided on: May-17-2001
Reported in: 2001(2)AWC1574
B. K. Rathi, J.1. The premises in dispute is a shop situated in premises No. 3/119. Vishnupurl, Kanpur Nagar. The respondent Nos. 2 to 4 are the landlords of the premises, who purchased the same from the previous owner Smt. Mohini Tiwari by sale deed dated 17.6.1998. One Sri Nirankar Verma applied for the allotment of the shop. The Rent Control Inspector, on the basis of the application for allotment inspected the shop and submitted report on 30.10.1999. Annexure-4 to the petition : that the petitioner is unauthorised occupant of the said shop. Thereafter, a notice was issued to the petitioner which was served by publication. The petitioner did not file any objection in the proceedings. The shop was declared vacant by the respondent No. 1 by order, Annexure-9 to the petition on 10.4.2000. Thereafter, the respondents-landlords moved an application for release. Their release application was allowed and the premises was released in favour of the respondents by order dated 17.4.2000, Annex...
Payal Sharma Alias Kamla Sharma Vs. Superintendent, Nari Niketan, Agra ...
Court: Allahabad
Decided on: May-17-2001
Reported in: AIR2001All254
M. Katju and R. B. Misra, JJ. 1. Petitioner Smt. Payal Sharma @ Kamla Sharma appeared before us and stated that she is about 21 years of age which is borne out from the High School certificate which shows that her date of birth is 10.7.1980. Hence she is a major and she has the right to go anywhere and live with anyone. In our opinion a man and a woman, even without getting married can live together if they wish. This may be regarded immoral by society but Jt is not illegal. There is a difference between law and morality.2. Since the petitioner is a major, we direct that she be set atliberty and she can go anywhere and can live with anyone as she desired. Petitioner further states that her life is in danger. The police will ensure her security. The petition is allowed.3. The certified copy of this order shall be given to the learned counsel for the petitioner on payment of usual charges today. ...
Har Prasad Verma Vs. Viith Addl. District Judge, Aligarh and Anothers
Court: Allahabad
Decided on: May-17-2001
Reported in: 2001(3)AWC1778
B.K. Rathi, J.1. The petitioner moved an application for release of the house under Section 21 (1) (a) of U.P. Act No. XIII of 1972 regarding house No. 6, State Bank Colony, Sadabad Gate, Hathras, Annexure-2 to the writ petition. The application for release was allowed by the prescribed authority by order dated 23.11.1998. Annexure-5 to the writ petition (being case No. 17 of 1995). Against that order the respondent No. 2 preferred appeal No. 33 of 1998 under Section 22 of U.P. Act No. XIII of 1972. The said appeal has been allowed on 12.5.1999. Annexure-6 to the writ petition. Therefore, the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.2. I have heard Sri P. Gupta, learned counsel for the petitioner and the learned standing counsel. The respondent No. 2 has been served but is not come tc oppose the petition.3. It has been argued by Sri P. Gupta, learned counsel for the petitioner that the disputed house was construc...
Leelawanti and Another Vs. Incharge District Judge, Kanpur Nagar and O ...
Court: Allahabad
Decided on: May-17-2001
Reported in: 2001(3)AWC1774
B.K. Rathi, J.1. Heard Sri W.H. Khan, learned counsel for the petitioners and Sri Chhotey Lal, learned counsel for respondent No.3.2. The premises in suit is house No. 111-A/214, Ashok Nagar. Kanpur Nagar. It was declared vacant on 26.2.2001. That order of vacancy was challenged in this High Court in Writ Petition No. 8394 of 2001. The writ petition was dismissed on 26.4.2001 by order Annexure-3 of the petition with the following observations :'It is made clear that inspite of the fact that the tenanted accommodation has fallen vacant,the petitioner shall be entitled to move an application for fresh allotment in view of the proviso (b) to Rule 10 (6) of the Rules framed under the Act and if the District Magistrate is satisfied that the tenanted building as well as the other building in occupation of Ashok Chhabara are occupied separately and that there is separate messing, he may re-allot the building under the tenancy of the petitioner and his son Prem Chhabara who have become Joint t...
Kashi Nath and Others Vs. Board of Revenue, Allahabad and Others
Court: Allahabad
Decided on: May-17-2001
Reported in: AIR2001All275
R.H. Zaidi, J.1. By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order passed by the Board of Revenue, U.P. at Allahabad, dated 23.8.1986, the order passed by the Collector (Revenue), Varanasi, dated 24.7.1982 and the order dated 17.7.1975 passed by Deputy Collector, Revenue, Varanasi.2. Relevant and brief facts of the case giving rise to the present petition are that Amar Nath and others, plaintiffs-respondents filed suit No. 599 of 1974 under Section 229B of the U. P. Zamindari Abolition and Land Reforms Act (for short the Act) against Vishwanath, Kashi Nath and other defendants for declaration that they were sole bhumidhars of plot No. 499 (measuring 67 decimal)situated in village Kandawa, district Varanasi (hereinafter referred to as the plot in dispute) on the basis of a private partition. The plot in dispute was stated to be recorded in the name of ...
Surya Prakash Ojha Vs. District Magistrate, Ballia and Others
Court: Allahabad
Decided on: May-17-2001
Reported in: [2001(90)FLR742]; 2001LabIC3886; (2001)2UPLBEC1882
G.P. Mathur, J.1. This special appeal is directed against the judgment and order dated 16.11.1999 of learned single Judge by which the writ petition filed by the appellant was dismissed.2. The case set up by the appellant in the writ petition, in brief, is that a substantive vacancy of anL.T. grade teacher occurred In the institution represented by respondent No. 4. The committee of management sent a requisition to the Commission through proper channel on 15.3.1991 and as no regular appointment was made, it advertised the post in a newspaper and after holding a selection on 10.7.1991, issued an appointment order in favour of the petitioner on 15.7.1991. The papers were also sent to the District Inspector of Schools. Ballia, who granted his approval on 30.7,1991, The appellant claims that he joined the institution on 20.7.1991. However, the District Magistrate, Ballia, passed an order on 2.8.1991 directing the District Inspector of Schools and also the Accounts Officer in his office not...
Dr. Yogendra Pal Singh Vs. Prem Singh
Court: Allahabad
Decided on: May-17-2001
Reported in: 2001(3)AWC1954
B.K. Rathi, J.1. The premises in dispute is a room in accommodation No. 2/4 Kishanpur, Ramghat Road, Aligarh. The respondent is the landlord of the same and the petitioner was his tenant since 1982. The landlord-respondent filed S.C.C. Suit No. 79 of 1994 against thepetitioner for eviction on the ground of the default fn payment of rent. The petitioner contested the suit and alleged that he sent the rent by money orders and ultimately deposited the rent under Section 30 (1) of U. P. Act No. XIII of 1972 and that there is no default in payment of rent. It was further pleaded that the rate of rent is Rs. 150 per month. The suit for eviction was decreed on 28.8.1999 by judgment, Annexure-6 to the petition by J.S.C.C.. Aligarh, on the finding that the rate of rent is Rs. 300 per month and that there is default in the payment of rent. Against that order, the petitioner preferred S.C.C. Revision No. 42 of 1999 which has also been dismissed on 8.3.2001 by IVth Additional District Judge, Aliga...
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