Allahabad Court July 2001 Judgments
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Nasim Ahmad Vs. Ivth Addl. District Judge, Merrut and Others
Court: Allahabad
Decided on: Jul-10-2001
Reported in: 2001(3)AWC2178
B.K. Rathi, J. 1. The respondent Nos. 3 and 4 filed S.C.C. Suit No. 21 of 1997 against the petitioner in the court of Judge Small Causes Court. Meerut, for eviction and for recovery of arrears of rent. The eviction was sought alleging that the premises in suit was constructed in the year 1990. The suit having been filed in the year 1997, the provisions of U. P. Act No. XIII of 1972 does not apply to the premises in suit. The suit for eviction as well as for recovery of arrears of rent was decreed by Judge Small Causes Court. Meerut, on 18.7.1998 by Judgment. Annexurc-8 to the writ petition. Aggrieved by it the petitioner preferred S.C.C. revision No. 374 of 1998, which has been dismissed by respondent No. 1 on 30.3.1999 by judgment. Annexure-9 to the writ petition. Aggrieved by the orders, the petitioner has preferred this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with the request that both the orders. Annexures-8...
Shalabh Khanna Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jul-10-2001
Reported in: 2001(3)AWC2434
Virendra Saran and M.A. Khan, JJ. 1. By way of this petition, the petitioner wants this Court to issue a direction in the nature of certiorari quashing a part of the Impugned order dated 25.4.2001 passed by the State of U. P. as contained in Annexure-1 to the writ petition and further prays for quashing the order dated 11.5.2001 as contained in Annexure-4 passed by the Superintendent of Police, Bahraich, whereunder the security guard provided to the petitioner has been directed to be provided on payment of 100% expenses.2. It appears that there were threats to the security of the petitioner and the U. P. Government had provided some sort of security to him in the shape of gunner on payment of 100% expenses. It further appears that the order aforesaid has been withdrawn and modified by the Superintendent of Police, Bahraich, vide his order dated 11.5.2001 in view of the Government Order No. 1773 (1). Cha-Pu-2-2001-700(1)/2001 dated 25.4.2001 issued by the U. P. Government.3. The content...
Narendra Kumar JaIn Vs. Food Corporation of India and Others
Court: Allahabad
Decided on: Jul-09-2001
Reported in: [2001(90)FLR596]; 2001LabIC3957; (2001)3UPLBEC2121
S.R. Singh, J. 1. This petition has a chequered history. The petitioner initially joined as Godown Clerk in the Ministry of Food and Agriculture, Department of Food and was subsequently absorbed in Food Corporation of India in which he earned promotion as Assistant Manager (Depot) and came to be posted at Etah on 12.7.1982. On 25.7.1984 he joined as Assistant Manager (Depot) on G.A.P. storage at Airstrip, Lalitpur having storage capacity of one lakh metric tone under the District Manager, Food Corporation of India. Jhansi. On 1.10.1985 he proceeded on leave on receipt of a message about serious condition of his mother who died on 4.10.1985 at Tundla (Agra) and wason leave up to 30.10.1985 and joined his duties on 31.10.1985 after expiry of the leave period. It appears that there was heavy rains during October, 1985 in which the wheat stored at the Airstrip, Lalitpur was damaged resulting in huge financial losses to the Corporation. The petitioner was placed under suspension vide order ...
State of U.P. and Another Vs. Sada Nand Mishra
Court: Allahabad
Decided on: Jul-09-2001
Reported in: 2001(3)AWC2365
S.H.A. Raza and R.D. Shukla,JJ. 1. By means of writ petitionbearing No. 4985 (S/S) of 1994,respondent Sada Nand Mishra hasassailed the order of his removal fromservice on the ground that althoughhe was convicted for commission ofan offence under Section 302, I.P.C.but in appeal, the order of convictionwas stayed, hence, he should beallowed to continue in service.Hon'ble single Judge allowed the writpetition and quashed the order dated31.10.1985 removing the respondentfrom service and the orders dated20.9.1988 and 18.6.1994communicated to the respondent videletter dated 28.6.1994 passed in thedepartmental appeal were quashed.The Hon'ble single Judge alsoexpressed the view that respondentshall be entitled to the consequentialbenefit of service. However, it will beopen to the competent authority topass fresh appropriate orders inaccordance with law.2. While allowing the said writ petition, the Hon'ble single Judge opined that it was necessary to provide in the impugned order that due to t...
Narendra Pal Singh Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Jul-09-2001
Reported in: (2001)3UPLBEC2253
S.R. Singh, J.1. The petitioner while borne in the books of 13 Garhwal Rifles as a Rifleman holding the rank of Acting Lance Nayak was chargesheeted vide charge-sheet dated 18.6.1993 under Section 52 of the Army Act, 1950 for having committed theft in respect of Carbine, Machinegun 9 m.m. Regd. No. ZZ-1945, the property of the Government on the charge of JC 171974-X Sub. Devi Prasad of the same Unit and on trial by the summary Court Martial by Lt. Col. R.C. Malik was awarded the sentence of rigorous imprisonment of three months in civil prison and dismissal from service vide order dated 25.6.1993. The petitioner moved an application dated 4.10.1993 for annulment of proceedings under Section 155 of the Army Act. The application came to be rejected by General Officer Commanding 24th Infantry Bn c/o 56 A.P.O. vide order dated 1.3.1994.2. The sentence awarded vide order dated 25.6.1993 in summary Court Martial proceedings are sought to be quashed by means of this writ petition under Articl...
Subodh Kumar Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Jul-09-2001
Reported in: (2001)3UPLBEC2590
S.R. Singh, J.1. The petitioner, a retrenched employee of Census Department has instituted this writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus commanding the respondents to appoint/absorb him against any vacancy in the Census Department at Allahabad or in Collectorate or any other department of the Government. This Court issued an interim mandamus on 29.8.2000 directing the respondents to offer a suitable appointment to the petitioner within six weeks from the date of receipt of a certified copy of the order or show cause by filing counter-affidavit within that period as to why the reliefs claimed in writ petition be not allowed.2. A counter-affidavit has been filed by Sri S. L. Yadav, Legal Advisor, Nagar Nigam, Allahabad stating therein that the petitioner had an opportunity to appear in an open selection alongwith other candidates but he failed to avail of the said opportunity on the strength of being a retrenched employ...
Nagendra Singh Yadav Vs. District Judge and ors.
Court: Allahabad
Decided on: Jul-09-2001
Reported in: (2001)3UPLBEC2256
S.R. Singh, J.1. Both these writ petitions are inter linked with each other and having been filed by one and the same person were taken up together with the consent of the parties Counsel for a convenient disposal by common judgment. In fact writ petition No. 45392 of 1999 was instituted for quashing the order dated 6.10-1999 whereby the petitioner was 'ceased to work' with immediate effect and writ petition No. 28366 of 2000 has been instituted for quashing the order dated 19.5.2000 of the District Judge, Ghazipur thereby rejecting the application moved by the petitioner on 6.5.2000 with a request to be permitted to work as a class IV employee in the judgeship of Ghazipur.2. The petitioner appeared in the test held for recruitment on class IV posts in the judgeship of Ghazipur pursuant to an advertisement published in 'Purvanchal Times', a copy of which has been annexed as Annexure No. 1 to the writ petition No. 45392 of 1999. The result of the selection was declared pursuant to recom...
Gunnu Vs. District Officer/Collector, Banda
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2032
ORDERM. Katju, J.1. Heard learned counsel for the parties.2. The petitioner has prayed for quashing the impugned order dated 17.6.2001, Annexure-1 to the petition and for a mandamus directing the respondents to decide the petitioner's application dated 1.2.2001 for grant of mining lease in respect of the plot in question.3. It has been held by the Supreme Court in Ramanna Dayaram Shetty v. International Airport Authority of India and others, AIR 1979 SC 1628, that ordinarily public property must be granted by public auction after advertisement in well known newspapers so that all eligible persons may apply, otherwise Article 14 of the Constitution will be violated. Learned counsel for the petitioner has relied on the decision of this Court in Jagmohan Dutt Sharma and others v. State of U. P. and others, 1998 ACJ 590. The above decision does not deal with Article 14 and hence it is distinguishable.4. We, therefore, direct that the plot in question should be given only after public aucti...
Syed Wilayatul Hasan (Dead) Through. L.Rs. and Another Vs. Mohammed In ...
Court: Allahabad
Decided on: Jul-06-2001
Reported in: 2001(3)AWC2033
U. S. Tripathi, J.1. This -revision under Section 25 of Provincial SmallCause Courts Act has been directed against the judgment and decree dated 12.8.1985, passed by Sri N. K. Mehrotra, the then learned II Addl. District and Sessions Judge, Varanasi in Suit No. 23 of 1974, decreeing the suit for ejectment of the applicants and for recovery of arrears of rent at the rate of Rs. 35 per month from 13.9.1971 to the date of suit with pendents life and future mesne profits at the rate of Rs. 70 per month. The opposite party No. 1 (hereinafter called the plaintiff) filed the suit, giving rise to this revision for ejectment of the applicants, (hereinafter called the defendants) and for arrears of rent and damages on the ground that the plaintiff was sole owner and landlord of premises in question and deceased/defendant, Himaytul Hasan was his tenant at the rate of Rs. 35 per month. The defendants fell In arrears of rent since 1958 and except for the payment of Rs. 500 he did not pay any arrear...
Ali Hasan Saifi Vs. Satish Kumar
Court: Allahabad
Decided on: Jul-06-2001
Reported in: AIR2001All353
U.S. Tripathi, J.1. This revision under Section 25 of Provincial Small Cause Courts Act has been filed by the defendant/tenant against the Judgment and decree dated 2.2.1999 passed by 9th Additional District Judge. Ghaziabad in S.C.C. Suit No. 33 of 1992 decreeing the suit of respondent for ejectment and pendente lite and future damages at the rate of Rs. 600 per month.2. The respondent landlord filed S.C.C. Suit No. 33 of 1992 against the applicant tenant, for his ejectment from the shop in suit for recovery of arrears of rent from 1.11.1989 till the date of suit at the rate of Rs. 1,500 per month and for pendente lite and future damages at the rate of Rs. 2,000 per month.3. The case of the plaintiff, in brief, was that he was owner landlord of premises in question and defendant was its tenant on monthly rental of Rs. 1,500. The defendant was carrying on furniture shop in the premises in question. The shop in question was constructed in the year 1986 after demolition of old one and, t...
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