Allahabad Court March 2005 Judgments
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Viresh Kumar Tiwari Vs. Zila Sahkari Bank Ltd. and ors.
Court: Allahabad
Decided on: Mar-07-2005
Reported in: 2005(3)ESC1723
Dilip Gupta, J. 1. This writ petition has been filed for quashing the orders dated 30.4.2003 and 8.5.2003 and for a direction to the respondents to reinstate the petitioner on the post of Clerk-cum-Cashier in the Zila Co-operative Bank Ltd., Ballia (hereinafter referred to as the 'Bank'). By the order dated 30.4.2003 the U.P. Co-operative Institutional Service Board, Lucknow (hereinafter referred to as the 'Board') granted approval to the proposal of the Bank dated 13.3.2003 for dismissing the petitioner from the services of the Bank and by the order dated 8.5.2003 the petitioner was dismissed from the services of the Bank.2. While the petitioner was working as the Clerk-cum-Cashier in the Bank, disciplinary proceedings were initiated against him and he was placed under suspension by means of the order dated 16.9.1994. On the basis of the charge-sheet dated 2.3.1995 an enquiry was conducted against the petitioner and the Enquiry Officer submitted his report dated 22.11.2001 holding tha...
Smt. Usha Bansal and anr. Vs. Smt. Premwati and ors.
Court: Allahabad
Decided on: Mar-07-2005
Reported in: 2005(3)AWC2978
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India filed by the petitioners-tenant is directed against the order dated 20th January, 1997, passed by the prescribed authority under the provisions of the U. P. Act No. XIII of 1972 directing release of the accommodation in question, which is shop, in favour of the landlady and the order dated 2nd December, 2004, passed by the appellate authority dismissing the appeal filed by the petitioners-tenant, copies whereof are annexed as Annexures 5 and 13, respectively, to the writ petition.2. The facts leading to the filing of present writ petition are that the respondent landlady Smt. Premwati filed an application against original tenant Dr. Kailash Chand under Section 21 (1)(a) of the U. P. Act No. XIII of 1972, (in short 'the Act') on the ground that she is the landlady of the shop in dispute, namely, shop Nos. 36/2 and 36/3, situated in Mohalla Ram Nagar, Gandhi Road, Meerut City. The tenant is occupying the...
Jagdish Tiwari Vs. Smt. Asha Devi Mishra
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(1)ARC708; 2005(2)AWC1029
Anjani Kumar, J.1. This writ petition has been filed by the petitioner challenging the Order dated 26.10.2004, passed by the appellate authority' under the provisions of U. P. Act No. 13 of 1972 (in short the 'Act') whereby the appellate authority allowed the appeal filed by the respondent-landlord and set aside the Order dated 4.9.1993, passed by the prescribed authority and directed for release of the accommodation in question in favour of the landlord.2. The brief facts leading to filing of the writ petition are as under :That the petitioner is the tenant of the accommodation in question which is situated in House No. 5/116 Purana Kanpur, which is owned by Smt. Krishna Devi who filed an application under Section 21 (1) (a) of the Act stating therein that the accommodation in question was let out by the landlady about 26 years back when number of the members of the family of the landlady was small. That by the passage of time the number of the members in the family of landlady has in...
Abhai Pal Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(2)AWC1051; (2005)2UPLBEC1516
Tarun Agarwala, J.1. In an educational institution known as Swami Purnanand Inter College, Chirodi, Bulandshahr, one Karan Singh, a Lecturer retired on 30.6.1991 and after his retirement one Raghuraj was promoted on an adhoc basis on the post of a Lecturer. Consequently, the post of an Assistant 'Teacher fell vacant and this vacancy. being a short term vacancy, could not be filled up by way of promotion. The said vacancy was duly notified to the District Inspector of Schools, Bulandshahr, on 6.5.1995. It further transpires that on 24.8.1996 an advertisement was also made in the newspapers, which had a wide circulation and a selection committee met on 24.8.1996 in which the petitioner's name was recommended and subsequently, the Committee of Management issued a letter of appointment dated 25.8.1996. On this basis, the petitioner joined on 27.8.1996. The Committee of Management, the respondent No. 3 forwarded the papers to the District Inspector of Schools, Bulandshahr for approval.2. Th...
Ram Chandra Singh Vs. Mahendra Nath Gupta
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(1)ARC694; 2005(2)AWC1106
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-tenant challenges the Order passed by the prescribed authority/VIIIth A.C.M.M., Kanpur Nagar in Misc. Rent Case No. 16/74 of 2001, whereby the application filed by the petitioner under Rule 32 and Section 34 of the U. P. Act No. XIII of 1972, here-in-after referred to as 'the Act' and also for Issue a writ, Order or direction in the nature of mandamus to the prescribed authority to allow the application filed by the petitioner-tenant, referred to above and set aside the Order dated 4th October, 2001 passed In Rent Case No. 92 of 1997.2. Before coming to the facts of the filing of the present writ petition, It is necessary to state that when the matter was heard Sri Manish Kumar Nigam, who has put in appearance on behalf of the respondent, prays that the case may be taken up on Tuesday next i.e. 30th November, 2004. On 6th December, 2004, when the matter was taken up Sri N...
Smt. Geeta Devi Wife of Gajraj Singh Vs. Deputy Director, Consolidatio ...
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(3)AWC2620
S.K. Singh, J.1. By means of this writ petition, the petitioner has challenged the judgment of the Deputy Director of Consolidation dated 24.6.2003 (annexure 3) to the writ petition by which revision filed by opposite party has been allowed.2. There appears to be no dispute about the facts which runs into a very narrow compass and therefore, they can be summarised.3. The dispute is in respect to the land comprised in chak Nos. 52, 63 and 74 situated in village Rasoolpur, Pargana Ayashah district, Fatehpur which was recorded in the name of Sri Munni Devi widow of late Bansh Gopal. On the death of Smt. Munni Devi, two sets of objection/claim before the Consolidation Officer was laid, one by petitioner on the basis of registered will deed dated 17.5.1985 in her favour and other by opposite party on the basis of un registered will dated 18.11.1986. Smt. Munni Devi died on 2.12.1986. It is in the light of aforesaid two rival claim, parties led their evidence and went in trial. The Consolida...
Harihar Misra Son of Brahm Deo Misra Vs. Deputy Director of Consolidat ...
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(2)AWC1111
S.K. Singh, J.1. By means of this writ petition, petitioner has challenged the judgment of the Deputy Director of Consolidation and that of the Consolidation Officer dated 15.11.1999 and 30.9.1997 annexure No. 15 and 13 respectively.2. For disposal of the matter facts in brief will suffice. The dispute relates to the property left by Ram Nirkhan. It is said that Ram Nirkhan had a daughter namely Mst. Srimati who was married with petitioner and Ram Nirkhan had no other issue. After obtaining the permission to alienate the land by way of Will deed in favour of his daughter and son-in-law from the S.D.O. on 1.6.1949 he executed a registered gift deed dated 27.6.1949 in their favour. It is said that on the basis of the aforesaid gift deed name of the petitioner and his wife Mst. Srimati was recorded in proceedings under Section 34 of the Land Revenue Act by order of the Tehsildar dated 6.1.1951. It is said that village came under consolidation operation in the year 1969 upon which Kalpnath...
Smt. Lal Dei Wife of Sri Maukhu Ram, Vs. Dy. Director of Consolidation ...
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(2)AWC1097
S.K. Singh, J.1. By means of this writ petition, petitioners have challenged the judgment of the Deputy Director of Consolidation Varanasi dated 24.12.92 (Annexure-4 to the writ petition).2. For disposal of the matter the facts in brief will suffice. Dispute relates to the property which was Bhumidhari of Devi Prasad. Land comprised in Khata No. 23 and 24 situated in village Jaisinghpur District Varanasi is in dispute. On the death of Devi Prasad name of Jugri is said to have been mutated as his widow who was the natural heir under Section 171 of U.P. Z.A. & L.R. Act. It is said that after the start of the consolidation proceedings except the Khata in disute name of Suit. Jugri continued over land of other Khata and over the land in dispute name of daughter of Devi Prasad viz. Sitabi was got entered by alleged reconciliation/order at the level of Assistant Consolidation Officer. It is said that for the first time fraud came to the knowledge when husband of Suit. Jugri Started negotiati...
Kailash Chandra-ii, Son of Shri Khacheru Giri Vs. State of U.P. Throug ...
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(2)ESC1158; (2005)2UPLBEC1328
Sabhajeet Yadav, J.1. The facts of the case in brief are that while working as Collection Amin in the revenue department of the Government of Uttar Pradesh, a FIR was registered against the petitioner along with five other persons Under Section 147, 148, 149 and 302 IPC, at Police Station Jam, District Meerut. After trial of the aforesaid case all the six persons including the petitioner were convicted by court of 1st Additional Sessions Judge, Meerut vide judgment and order dated 30.6.1984. According to the petitioner, on account of his conviction Under Section 148, 149 and 302 I.P.C., in the aforesaid criminal case his services were terminated vide order dated 10.12.1987 passed by the District Magistrate/Collector, Meerut. Against the order of conviction and sentence dated 30.6.1984, the petitioner and other convicted persons have preferred an appeal before this Court, which was numbered as Criminal Appeal No. 1772 of 1984. On 4.4.1996 the aforesaid appeal was allowed by Division Ben...
Ram Khelawan Alias Bachcha Son of Sri Ram Ratan Vs. State of U.P. Thro ...
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(2)AWC1087
S.U. Khan, J.1. In this writ petition a detailed interim order was passed on 23.9.2004 calling for counter and rejoinder affidavits. Thereafter counter and rejoinder affidavits were exchanged and parties were heard at length and judgment was reserved.2. Through the impugned orders sale deed dated 8.9.2000 in respect of 3 acres of agriculture land has been impounded under Section 47A Stamp Act. In the sale deed valuation of property was shown to be Rs. 1,90,000/- which was in accordance with minimum value per acre of agriculture land in the area in question as fixed and circulated by Collector at the relevant time under Rule 4 of U.P. Stamp (Valuation of property) Rules 1997 (hereinafter referred to as Rules of 1997). Requisite stamp of Rs. 15,200/- was affixed on the said sale deed.3. One Kamta Prasad son of Gayadeen filed a complaint that valuation of the property in dispute was much more than shown in the sale deed and huge loss (about crores of rupees) to the state Exchequer had bee...
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