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Allahabad Court July 2005 Judgments

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Jul 18 2005

Jahar Singh Son of Ram Dayal Vs. Board of Revenue and ors.

Court: Allahabad

Decided on: Jul-18-2005

Reported in: 2005(3)AWC2877

S.U. Khan, J.1. This is a review petition filed by the petitioner seeking review of my judgment and order dated 24.3.05 as modified on 24.5.05 on the application of Rajaram respondent No. 6 in the writ petition.2. Matter relates to preparation of final decree in respect of agricultural land jointly held by the petitioner and private respondents in the writ petition. The order of the Board of Revenue dated 28.2.05 challenged in the writ petition has the effect of directing the trial court to prepare fresh Kuras (lots). Initially the trial court had refused to accept the Kuras submitted by the Lekhpal. The said order was set aside in the revision by the Additional Commissioner, However, the order of Additional Commissioner was set aside by the Board of Revenue in revision. The effect of order of Board of Revenue is that trial court / S.D.O. is to re-determine Kuras.3. There is absolutely no dispute regarding the shares, which have already been declared through preliminary decree.4. It ap...


Jul 18 2005

Udai Kumar Verma Son of Sri Kamla Kant Verma Vs. State of U.P. Through ...

Court: Allahabad

Decided on: Jul-18-2005

Reported in: 2005(4)AWC3172

A.K. Yog, J.1. Udai Kumar Verma, the petitioner before us, has filed present writ petition under Article 226 of the Constitution of India with the following reliefs:'(a) to issue writ, order or direction in the nature of mandamus directing the Respondent Authorities especially the Respondent kno.2 to act fairly and consider the tender auction after giving tender notice in two well known widely circulated news-papers,(b) to issue a writ, order or direction in the nature of mandamus directing the Chief Medical Officer, Varanasi Respondent No. 2 to provide the tender form to the petitioner before finalizing the tender/auction in question.(c) to issue any other suitable writ, order or direction which this Hon 'ble High Court may deem fit and proper in the facts and circumstances of the case;(d) to award costs of this writ; petition to the petitioner against the contesting respondents.2. The grievance of the petitioner is that tenders are being floated by the respondents-Authorities,in brea...


Jul 18 2005

Bhanwar Pal Singh S/O Sri Genda Lal Singh Vs. State of U.P. Through Pr ...

Court: Allahabad

Decided on: Jul-18-2005

Reported in: [2005(107)FLR751]

Tarun Agarwala, J.1. Heard Sri R.P. Khare, the learned councel for the petitioner .and Sri V.K.Rat, the learned standing counsel appearing for the respondents.2. Briefly stated, the facts giving rise to the present writ petition is that the petitioner was working as a Sub Inspector and on account of three adverse entries was compulsory retired from the service on 14.5.1990, The petitioner filed Civil Writ Petition No. 13578 of 1990 and, initially an interim order was passed staying the operation of the order of retirement By another order dated 16.12.1991, this Court directedd that the petitioner was entitled to his salary dming the pendency of the writ petition. Eventually, the writ petition was dismissed on merit by a judgment dated 16.2.2001, even though, in the meajnwhle/the petitioner had retired on 30.11.1997 upon readying the age of superannuation at 58 years. The petitioner, upon the dismissed of the writ petition, filed a Special Appeal No. 186 of 2001 which was also dismissed...


Jul 18 2005

Virendra Prasad Dubey Son of Raj Narayan Dubey Vs. the Senior Division ...

Court: Allahabad

Decided on: Jul-18-2005

Reported in: [2005(107)FLR529]

V.C. Misra, J.1. Heard Sri P.N. Saxena, Senior Advocate assisted by Sri R.K. Tiwari, learned counsel for the petitioner and Sri Govind Saran, Advocate learned; standing counsel on behalf of the respondents Nos. 1, 2 and 3.2. The facts of the case in brief are that the petitioner was appointed as a constable in Railway Protection Force by posting at Allahabad on 18.5.1984. In July 1989, the petitioner was transferred to the outpost Mughal Sarai (MGS) under the Incharge Protection Force (IPF), Chunar.On 19.8.1992, the petitioner proceeded on medical leave by taking sick memo and remained as outdoor patient in the Railway Hospital, Mughal Sarai till 4.1.1993. On 5.1.1993, the petitioner was discharged from sick list by the Divisional Medical Officer-I, Eastern Railway (DMO-I, E.R.),Mughal Sarai in the midst of the treatment without mentioning the fact that the petitioner was fit for duty. The petitioner had to under-go treatment by a private doctor Dr. A.K. Mehta at Ballia with effect fro...


Jul 18 2005

A.H.S. Projects Pvt. Ltd. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Jul-18-2005

Reported in: AIR2005All299; 2005(4)ESC2460

ORDER1. This writ petition has been filed for quashing the order dated 18-12-2004 and the consequential letter dated 1-1-2005 and for a direction upon the respondents to allot the property in favour of the petitioner-Company after accepting the remaining amount of the bid.2. The petitioner is a Company engaged in the business of construction and pursuant to the advertisement published in the newspapers by the Ghaziabad Development Authority, Ghaziabad (hereinafter referred to as the 'Development Authority') for auction of certain plots on 30-11-2004 submitted an application for participating in the auction in respect of the plots of Ahinsa Khand-1 GH-4 measuring approximately 40331.32 sq. meters. The reserve price in respect of the said plot was notified as 12500 per sq. meter in the advertisement. The petitioner was also supplied a copy of the brochure containing the terms and conditions in respect of the auction to be held on 30 11-2004. The relevant portion of the terms and conditio...


Jul 15 2005

Lakhan Singh Vs. Union of India (Uoi) and ors.

Court: Allahabad

Decided on: Jul-15-2005

Reported in: 2005(3)ESC2085

Sunil Ambwani, J.1. Heard Sri Gaya Prasad Pal, learned Counsel for the petitioner and Sri N.C. Tripathi, Additional Standing Counsel.2. The petitioner was recruited in Indian Army by BRO Agra and was sent to training in Goa. He had filled up application verification role in December, 1994. By this writ petition, he has prayed for a direction to quash the discharge order dated 6.1.1997 passed by Commanding Officer, HQ 2 STC, 5 TTR Panji, Goa.3. In the counter-affidavit, it is stated that the petitioner filled up application in December 1994 and thereafter he was implicated in a criminal case. He joined duties on 28.4.1995. In para 9 of the counter-affidavit it is stated that he had completed only partial training. In May 1996 during police verification it was found that a criminal case was pending against him and consequently the petitioner was discharged under Army Rule 13 (3) Item (iv) being 'unlikely to become an efficient soldier'. Paragraphs 4 and 9 of the counter-affidavit are quo...


Jul 15 2005

Baitullah, Pradhan, Gram Panchayat Vs. State of U.P. Through Secretary ...

Court: Allahabad

Decided on: Jul-15-2005

Reported in: 2005(4)AWC3863M

Ajoy Nath Ray, C.J. and Ashok Bhushan, J.1. The appeal is summarily taken up and disposed of.2. It is from an order passed by an Hon'ble Single Judge dated 1.7.2005, whereby his Lordship refused to interfere with orders passed for seizing the financial and administrative powers of the Pradhan.3. In the judgment under appeal his Lordship has recorded that the writ petitioner argued that the order had been passed without application of mind and was perverse and erroneous. His Lordship has further recorded that the learned counsel for the writ petitioner was not able to demonstrate how the impugned order was perverse or erroneous. Just before concluding the judgment, his Lordship has said as follows:-'No other point was argued on behalf of the learned counsel for the writ petitioner'.4. Several arguments other than the above were sought to be advanced before us on behalf of the appellant-writ petitioner. One of those, e.g. was Rule-3 sub rule (2) of Uttar Pradesh Panchayat Raj (Removal of...


Jul 15 2005

Commissioner of Trade Tax Vs. Sadi Ram Ganga Prasad

Court: Allahabad

Decided on: Jul-15-2005

Reported in: (2007)8VST145(All)

Prakash Krishna, J.1. The dealer/opposite party, a public limited company is registered in the name of M/s. Sadi Ram Ganga Prasad Ltd. with the Trade Tax Department and had obtained recognition certificate under Section 4B(2) of the U.P. Trade Tax Act, 1948 hereinafter referred to as ('the Act') for the purchase of wheat for manufacturing of atta, maida, sooji on concessional rates. It is authorised to purchase tin plates at concessional rates of tax for the purpose of manufacturing tin containers under Section 4B of the Act. The present revision arises out of proceedings initiated by the department under Section 4B(6) of the Act on the ground that the dealer/applicant after manufacturing tin containers has transferred the same to its other units.2. In reply to the show cause penalty notice, the dealer/applicant submitted that it has the following three manufacturing units, namely, (i) Ganges Flour Mill; (ii) Ganges Oil Mill; and (iii) Ganges Tin Works. Tin plates were purchased by M/s...


Jul 14 2005

Prem Kumar Joshi Posted as Full Term Member and Chhatra Pal Singh Siso ...

Court: Allahabad

Decided on: Jul-14-2005

Reported in: 2005(3)AWC2871; 2005(3)ESC2123

B.S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 25.5.2005 (Ann. 1 & 2), by which both the petitioners have been restrained from working as a Member and President of the District Consumer Forum, Meerut (hereinafter called the Forum), respectively, and from exercising any other administrative power. The records have also been directed to be sealed and recommendation has been made to the State Government by the President of the State Consumer Dispute Redressal Commission (hereinafter called the Commission) for suspension of the petitioners along with one other member of the Forum.2. The facts and circumstances giving rise to this case are that on receiving certain complaint against the petitioners and one other officer, namely, Smt. Kusum Tandon, President and Members of the Forum, the Chairman of the Commission passed an order restraining them from performing any function, and certain record was directed to be seated, and further recommendations have bee...


Jul 14 2005

Bihari Son of Natthu Vs. the State of U.P. Through the Collector and t ...

Court: Allahabad

Decided on: Jul-14-2005

Reported in: 2005(4)AWC3742

S.N. Srivastava, J.1. Impugned herein are the judgment and orders dated 14.3.2005 and 23.7.2002 passed by Addl. Commissioner (Judl.) Moradabad and the Sub Divisional Officer Bijnor.2. The dispute in the instant petition revolves round plot No. 397 admeasuring 0.253 situated in village Salarabad Pargana and Tahsil Dhampur District Bijnor. 3. The facts constituting grievance of the petitioner is that the land in question was allotted to him on 7.7.1983 by virtue of his being member of Scheduled caste by the Land Management Committee in observance of the provisions of Sections 195 and 198 (1) of the U.P.Z.A. & L.R. Act which received approval on 28.7.2003. It is alleged that ever-since then he has been tilling the land and has also deposited 10 times of land revenue and with the passage of time he has been declared Bhumidhar with non-transferable rights and in consequence, was also issued Jyot Bahi on 7.7.1995. It is further alleged that the Land Management Committee of the village initia...


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