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Allahabad Court January 2002 Judgments

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Jan 11 2002

Deepak Kumar Vs. Collector, Gautam Budha Nagar and ors.

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002(1)AWC614

G.P. Mathur, J. 1. This writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be Issued to respondent No. 2 not to make payment of any compensation to respondent No. 3 and to make payment of compensation of the land in dispute to the petitioner as per the compromise dated 12.10.1999 entered into between the petitioner and respondent No. 3. A further prayer has been made that respondent No. 2 be commanded to decide the representation dated 27.10.2001 and 9.11.2001. filed by the petitioner forthwith in accordance with law. 2. We have heard learned counsel for the petitioner, learned standing counsel for respondent Nos. 1 and 2 and Sri Siddhartha for respondent No. 3. 3. A suit under Section 229B of U.P.Z.A. and L.R. Act was filed by Smt. Anju, respondent No. 4 against Savitri Devi, respondent No. 3, for declaration that she is bhumidhar of the land in dispute which has been acquired subsequently under Land Acquisition Act. The suit was decreed...


Jan 11 2002

Bhola Nath and ors. Vs. State Bank of India and ors.

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002(1)AWC644

G.P. Mathur, J. 1. This writ petition under Article 226 of the Constitution has been filed for quashing of the citation dated 29.12.2000 asking the petitioners to deposit Rs. 8,76,449.2. The petitioner Nos. 1 to 4 are partners of petitioner No. 5 which is a registered partnership firm carrying on business in Sirsa Bazar. Allahabad. The firm opened a current account in the State Bank of India. Branch Sirsa Bazar, and was granted a cash credit facility with a limit of Rs. 6 lakhs. An overdraft facility was also provided by the bank. It appears that the petitioners did not keep their account in order and did not deposit the dues of the bank. The bank accordingly sent a certificate to the Collector to recover the amount under U.P. Public Moneys (Recovery of Dues) Act, 1972. The Collector accordingly initiated proceedings to recover the amount as arrears of land revenue and Tehsildar, Meja, thereafter issued a citation to thepetitioners asking them to deposit the amount which has been impug...


Jan 11 2002

Baljeet Singh Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002(1)AWC637; (2002)2UPLBEC1073

Sunil Ambwani, J.1. By this writ petition, the petitioner has challenged the order dated 17.7.1990 passed by District Assistant Registrar, Co-operative Societies, U.P., Etawah, suspending petitioner, and the order dated 17.11.1992 passed by the Deputy Registrar, Cooperative Societies and Chairman, Regional U.P. Provincial Co-operative Union. Kanpur Region, Kanpur, terminating the services of the petitioner as Co-operative Supervisor. By an amendment, the petitioner has also challenged the decision of the State Administrative Committee on the appeal filed by the petitioner.2. The facts, giving rise to the instant petition, are given below :'Petitioner was appointed as Co-operative Supervisor by the Deputy Registrar/ Adhyaksha Kshetriya Committee Sahkari Sangh Pradhikari/ P.C.U., Allahabad, by order dated 20th June, 1978. It is submitted that the petitioner's services are regulated by the provisions contained in the U.P. Cooperative Societies Employees Service Regulations. 1975. By Notif...


Jan 11 2002

Katwaru Vs. Special Secretary, Industrial Development Anubhag, U.P. Go ...

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002(1)AWC657

G.P. Mathur, J.1. The petitioner was granted a mining lease to excavate sand for a period of 3 years from 28.10.1998 to 29.10.2001. Before the expiry of his lease, he made an application on 19.3.2001 for renewal of the lease for a further period of 3 years. The District Officer, Gorakhpur, by his order dated 1.10.2001 sanctioned renewal of lease for a further period of 3 years, which was to expire on 26.10.2004. Virendra Singh, respondent No. 6 moved an application before the State Government that in view of subsequent Government order dated 22.9.2001 the lease granted in favour of the petitioner on 24.10.1998 could not be renewed for a further period of 3 years. The State Government, thereafter, passed an order on 7.12.2001 by which the operation of the order dated 1,10.2001 passed by District Officer, Gorakhpur, was suspended. By the same order, the District Officer was directed to submit his comments on the application moved by Virendra Singh so that further action in the matter may...


Jan 11 2002

Smt. Champa Devi and anr. Vs. Rent Control and Eviction Officer (1st), ...

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002(1)AWC673

D.S. Sinha and Lakshmi Bihari, JJ.1. Heard Sri R. N. Singh, learned senior advocate, appearing for the petitioners, Sri S. N. Verma, learned-senior advocate, representing the respondent No, 2, and Sri V. N. Agrawal, learned senior counsel of the State of U. P., appearing for the respondent No. 1. Sri K. L. Grover, learned senior advocate, appearing for the petitioner in connected W.P. Wo. 27958 of 1998, Punjab National Bank v. VI Addl. District Judge. Gorakhpur and Ors., has also been heard.2. Following question of law, on reference by a learned single Judge, is up for consideration before this Bench :'Whether Clause (g) to Section 2 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U. P. Act No. 13 of 1972) which has been inserted in the Principal Act by Section 2 of U. P. Act No. 5 of J995 will affect the proceedings pending on the date of enforcement of U. P. Act No. 5 of 1995?'3. The learned counsels appearing for the part...


Jan 11 2002

Parmeshwari Dayal Saxena Vs. Basic Shiksha Parishad and ors.

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002(1)AWC817; [2002(93)FLR492]; (2002)2UPLBEC1398

Sunil Ambwani, J.1. Heard Sri S.N. Srivastava, learned counsel appearing for the petitioner and Sri K.S. Shukla, learned counsel appearing for the respondents.2. Petitioner is challenging the order dated 20.4.1993 passed by the Director/President, Basic Shiksha Parishad, U. P. Allahabad ; order dated 6.6.1977 passed by the Basic Shiksha Adhikari, Hamirpur and order dated 17.5.1977 passed by Manager/Secretary of Bundelkhand Purva Madhyamik Vidyalaya, (Chilli (Rath) Hamirpur, by which petitioner's services were terminated.3. The facts giving rise to this writ petition are stated as under :'Petitioner was appointed as Headmaster of Bundelkhand Purva Madhyamik Vidyalaya, Chilli (Rath) Hamirpur, on 6.7.1972. His services were alleged to have been confirmed on 31.1.1974 by the resolution of the Committee of Management which was communicated to the petitioner by Manager/Secretary of the School. By order dated 17.5.1977. the services of the petitioner were terminated. He represented his case b...


Jan 11 2002

Mahant Prasad Singh Vs. District Inspector of Schools, Fatehpur and or ...

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002(1)AWC859; [2002(93)FLR495]; (2002)2UPLBEC1316

Sunil Ambwani, J.1. The delayscaused by the U. P. Secondary Education Selection Board in making regular appointment to the post of Principal and teachers has exploded the dockets of this Court with unending litigation for appointment of officiating Principals and ad hoc appointments of teachers. Although this Court has, while interpreting the provisions of Regulation 2 (3) of the Chapter II of the Regulations framed under U- P. Intermediate Education Act. 1921 and Clause 4 (1) (a) of U. P. Secondary Education Service Commission (Second) Removal of Difficulties Order, 1981 and thereafter the amended Sub-section (4) of Section 18 of the U. P. Secondary Education Service Commission Act, 1927. clarified more than once that seniority is not the only criteria for appointment of officiating Principal by the Committee of Management to be approved by the District Inspector of Schools, and that it only gives a right of consideration subject to suitability of senior-most person to hold the office...


Jan 11 2002

Rajesh Kumar Sharma Vs. Presiding Officer, Central Government Industri ...

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002(2)AWC998; [2002(93)FLR205]; (2002)2UPLBEC1131

Anjani Kumar, J.1. By means of this petition, petitioner Rajesh Kumar Sharma has challenged the award given by the Central Government, Industrial Tribunal. Kanpur, dated 19.1.1996. The Central Government, Ministry of Labour, New Delhi vide its notification dated 21.1.1992 has referred the following dispute before the Industrial Tribunal for adjudication :'Whether the action of the management of State Bank of Bikaner and Jaipur in terminating the services of Sri Rajesh Kumar Sharma, w.e.f. 19.10.1985 was justified? If not to what relief the workman is entitled to?'2. It is admitted case of the parties that the petitioner was employed on purely temporary daily wage basis for a fixed period of 76 days w.e.f. 5th August, 1985 and his services were terminated on 19th October. 1985. According to the case of the petitioner-workman, when services of the petitioner were terminated, juniors to him were retained in service and further no opportunity of re-employment was given to him when fresh ha...


Jan 11 2002

Antex Printers and anr. Vs. Dr. Ram Manohar Lohia Avadh University and ...

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002(2)AWC1053; (2002)1UPLBEC471

Ashish N. Trivedi and M.A. Khan, JJ.1. Heard Sri S. C. Misra, learned senior counsel for the petitioners and Sri Manik Sinha, learned standing counsel for the respondent Nos. 1 to 3.2. In view of the peculiar facts and circumstances of the case and the order we propose to pass, it is not necessary to Issue notice to respondent No. 4.3. The petitioner claims that it is a registered partnership firm engaged in the business of printing, supply and manufacture of stationery and other allied Items for about 14 years.4. The Registrar. Dr. Ram Manohar Lohia Avadh University, Faizabad, respondent No. 2 issued Invitation to Offer dated 13.12.2001 inviting tenders from eligible contractors for supply of answer books. The petitioners along with two others, i.e.. M/s. Shanti Press, respondent No. 4 and M/s. Pratibha Press submitted their tender documents on 31.12.2001. It appears that the tenders were opened and a decision was taken not to proceed further and fresh invitation to offer be made and ...


Jan 11 2002

Mukesh Kumar Gupta and anr. Vs. Union of India (Uoi) and ors.

Court: Allahabad

Decided on: Jan-11-2002

Reported in: 2002CriLJ2195

S.R. Singh, J.1. The validity of the detention order dated 16-2-2001 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short COFEPOSA Act, 1974) is under challenge in this Habeas Corpus Writ Petition under Article 226 of the Constitution of India. The impugned detention order is sought to be quashed superadded with a command to the opposite parties to release the petitioner forthwith.2. The petitioner, a suspended Superintendent of Customs and Central Excise, Meerut-1 has been detained pursuant to the impugned detention order made by the Joint Secretary to the Government of India (COFEPOSA Section) 'with a view to preventing him from abetting the smuggling of goods in future'. The detention related Incident took place on 18-7-2000 in which foreign made ball bearings/roller bearings valued at Rs. 3.60 crore and meant for home consumption were seized from the premises of M/s. Dooab Exim, Meerut. The cartons containing b...


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