Allahabad Court February 2006 Judgments
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Nazim Son of Niyaz Ahmad Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Feb-15-2006
Reported in: 2006(2)AWC2035
Ashok Bhushan, J.1. Heard counsel for the petitioner.2. By this writ petition, the petitioner has prayed for quashing order dated 27.1.2006 passed by Deputy Director of Consolidation, Saharanpur. Brief facts necessary for deciding the writ petition are; one Atma Ram was the original tenure holder of land in dispute. He executed an agreement to sell of agricultural land, in favour of Bharat Singh, the predecessor in interest of contesting respondents on 31.10.1968. A suit was filed by Bharat Singh for specific performance of the agreement in the year 1967 which suit was decreed by the Civil Court vide judgment and order dated 20.4.1971, The decree was put into execution and the learned Civil Judge executed a sale deed in favour of Bharat Singh on 6.6.1975. In pursuance of sale deed dated 6.6.1975 possession was taken by Bharat Singh by the Dakhalnama dated 19.8.1975. The notification under Section 4(2) of the U.P. Holdings Act 1953 was issued on 1.11.1973. Atma Ram the original tenure h...
Krishna Kumar S/O Ram Loten Prasad Vs. State of U.P. Through Principal ...
Court: Allahabad
Decided on: Feb-15-2006
Reported in: 2006(3)AWC2528
R.K. Rastogi, J.1. This is a writ petition for quashing the notice dated 26.12.2005 issued by the respondent No. 2 and for a direction to the respondents to permit the petitioner to continue his mining operation in Lot No. 2 Khand Sankhya 871, Vill-Piper Deedh, Tehsil Duddhi District Sonbhadra on royalty basis.2. The facts relevant for disposal of this writ petition are that the present petitioner had earlier filed Civil Misc. Writ petition No. 72493 of 2005 in this Court claiming the following reliefs:(i) To issue a Writ, Order or direction in the nature of certiorari quashing the impugned order dated 14.10.2005 passed by Respondent No. 2 and notice dated 18.10.2005 issued by office of respondent No. 2.(ii) To issue a Writ Order or direction in the nature of Mandamus directing the Respondents to permit the petitioner to continue his Mining Operation in Lot 2, Khand Sankhya 871, Vill- Piper Deeh, Tehsil -Dudhi District -Sonbhadra in pursuance of Lease executed on 18.7.2005.3. The argum...
Rakesh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-15-2006
Reported in: 2006(2)AWC1778
ORDERRakesh Tiwari, J.1. Heard Sri Sehat Bahadur, learned Counsel for the petitioner, the learned standing counsel for respondent No. 1 and Sri K.N. Misra, the counsel appearing on behalf of respondent No. 2.2. Sri Misra has raised preliminary objection that the writ petition is not maintainable as the petitioner has no locus standi to file the writ petition.3. The facts of the case are that the date of birth of Gorakhi son of Sukkha respondent No. 4 was recorded as 22.5.1945 in his service record. He is working on the post of peon (class IV employee) in District Cooperative Bank, Head Office at Mathura. He had retired from service on 31.5.2005 after attaining the age of superannuation, i.e., 60 years.4. It appears that after retirement, respondent No. 4 challenged his retirement under Section 128 of U. P. Cooperative Societies Act and moved an application before Deputy Registrar, Cooperative Societies Agra Region, Agra (respondent No. 3) claiming that he has been prematurely relieved ...
Surendra Kumar Son of Late Pateshwari Prasad Srivastava Vs. State of U ...
Court: Allahabad
Decided on: Feb-15-2006
Reported in: 2006(3)AWC2965
V.M. Sahai and Barkat Ali Zaidi, JJ.1. The petitioner, who, at present, is posted as Tehsildar, Tehsil Naugarh, District Siddharth Nagar, in the years 1995-96 and 1996-97, with which we are concerned, was posted as Tehsildar Milkipur, District Faizabad. He by his immediate superior i.e. the then Sub Divisional Magisrate, Milkipur, Faizabad for these two years respectively was awarded outstanding annual entries, but when these two annual entries reached for approval before the Reviewing Officer i.e. the Collector of the district, he converted and down graded them from that 'outstanding' to 'good' without hearing the petitioner.2. That is how the petitioner has come up before us by filing this writ petition.3. Heard Sri Vikas Budhwar, learned Counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2 and Sri B.N. Singh, Advocate has accepted notice on behalf respondent No. 3.4. The contention of learned Counsel for the petitioner is that the initial entries of outst...
Smt. Indra Singh Wife of Chandra Bhan Singh Vs. Basic Shiksha Parishad ...
Court: Allahabad
Decided on: Feb-15-2006
Reported in: 2006(3)AWC2853
Sudhir Agarwal, J.1. Heard Sri R.C. Singh, counsel for the petitioner, Learned standing counsel for respondent Nos. 2,4 and 5 and Sri K.K. Rai on behalf of respondent Nos. 1 and 3.2. The petitioner was appointed as Assistant teacher in Junior Primary School Mathia Bodarwar Block Kaptanganj, District Deoria vide appointment letter dated 12.1.1973 issued by Basic Shiksha Adhikari. The sub Inspector of School vide order dated 20.9.1973 transferred the petitioner to Junior High School Bodarwar Block Kaptanganj, District Deoria. In pursuance to the aforesaid order of transfer the petitioner joined on 16.10.1973 at Junior High School Bodarwar Block Kaptanganj, District Deoria but she was paid salary applicable to the assistant teacher working in Junior Primary School. She made a representation claiming salary of the post on which she was discharging duties but the same was not paid and in the meantime when the matter remained pending, the petitioner was considered for regular promotion in th...
Arun Kumar Tiwari Vs. Smt. Deepa Sharma and ors.
Court: Allahabad
Decided on: Feb-15-2006
Reported in: 2006(3)AWC2142
R.K. Rastogi, J.1. This is an appeal against the order dated 24.11.2004, passed by Sri M.A. Abbasi, then learned Addl. Civil Judge (Senior Division), Allahabad in Original Suit No. 415 of 2003, Smt. Deepa Sharma and Ors. v. Smt. Raj Kumari Devi and Ors.2. The facts giving rise to this appeal are that the plaintiff-respondent No. 1 to 5 filed original suit No. 415 of 2003 in the Court of the Civil Judge (Senior Division), Allahabad against the defendants No. 1 to 4 (respondents No. 6 to 9) and defendant No. 5 (appellant in the present appeal) with these allegations that about 32 years ago, two rooms on the first floor of house No. 296 (new number 383/96) situate at mohalla Mumfordganj, Allahabad, specified at the foot of the plaint, were let out to Basudeo Sharma, husband of the plaintiff No. 1, father of plaintiffs No. 2 to 4, and father-in-law of plaintiff No. 5, by late Rajendra Singh who was husband of defendant No. 1, father of the defendants No. 2 and 3 and uncle of defendant No. ...
Rajendra Kumar Verma and anr. Vs. Smt. Padma Jindal and anr.
Court: Allahabad
Decided on: Feb-15-2006
Reported in: 2006(3)AWC2315
Poonam Srivastava, J.1. Heard Sri Y.K. Sinha, learned Counsel for the revisionists and Sri Anoop Tripathi, advocate for the caveator-respondents.2. As agreed between the parties, this revision is being heard and finally decided at this stage itself.3. The order dated 13.1.2006, passed by Additional District Judge Court No. 2, Ghaziabad in S.C.C. Suit No. 13 of 2001-Smt. Padma Jindal and Anr. v. Rajendra Kumar Verma and Anr. is impugned in this revision. An application moved on behalf of the plaintiff-landlord under Order XV, Rule 5, C.P.C. has been allowed on the ground that the admitted rent was deposited on 27.8.2005 to a tune of Rs. 1,52,665. The submission on behalf of the plaintiffs is that the rent, which was liable to be deposited along with interest, should have been Rs. 1,72,071 but since no interest has been deposited therefore, the amount so deposited is short and. therefore, the defence of the tenant is liable to be struck down. This application was moved on 16.12.2003 and ...
Prabhu Niwas Alias Kapil Deo and anr. Vs. Laxmi NaraIn and ors.
Court: Allahabad
Decided on: Feb-15-2006
Reported in: 2006(3)AWC2534
ORDERUmeshwar Pandey, J.1. Heard learned Counsel for the parties.2. This petition has been directed against the order of appellate court dated 25.1.2006 whereby petitioners' application for amendment under Order VI, Rule 17, C.P.C. has been rejected.3. The petitioners have filed a suit for permanent injunction and cancellation of sale deed in respect of certain property against the respondent-defendants. The property in question was said to have been transferred by Smt. Gyanmati, the respondent No. 3 to respondent Nos. 1 and 2 through impugned sale deed. The petitioners have tried to demonstrate in their pleadings that Smt. Gyanmati had no right to transfer that property and after the death of her earlier husband-Teerath, she had remarried one Ram Nayan. In order to substantiate this pleading further certain facts are said to be added by way of an amendment stating that Shyampati a daughter was born to the respondent No. 3-Smt. Gyanmati in the year 1965 out of her marital association w...
Om Prakash Trivedi Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Feb-15-2006
Reported in: [2006]287ITR11(All)
1. All the respondents (respondents Nos. 1 and 2) represented by Sri R. K. Upadhyay.2. As contemplated under the rules of the court, and as there are no disputed facts, as a consequence whereof no counter and rejoinder affidavit is required, this petition is being decided finally at the admission stage.3. To appreciate the facts (as pleaded by the petitioner), paras. 3 to 8 of the writ petition are quoted below:3. That, the petitioner is an individual. On March 30, 1992, he filed his returns of income for the assessment years 1990-91 to 1992-93. Also, he filed an application under Section 273A of the Income-tax Act, 1961, (hereinafter referred to as 'the Act'). The said application was allowed.4. That, in the returns of income for the assessment years 1990-91 to 1992-93, thus filed the petitioner disclosed certain income and investment representing income, which he had not disclosed earlier. The petitioner filed the above returns voluntarily prior to detection by the Assessing Officer....
Satendra Kumar Shukla Son of Sri Krishna Kumar Shukla, Assistant Teach ...
Court: Allahabad
Decided on: Feb-14-2006
Reported in: 2006(2)AWC2043
Ashok Bhushan, J.1. Heard Counsel for the petitioner.2. By this writ petition, the petitioner has prayed for a mandamus directing the respondents to deem the petitioner being promoted as Lecturer in Sanskrit in the Institution with effect from 1.7.1996 in accordance with the provision of Regulation 6(6) of Chapter II of the U.P Intermediate Education Act, 1921.3. Brief facts necessary for deciding the writ petition are; Sri Gandhi Adarsh Inter College, Labedi, Etawah is a recognised institution under the provision of U.P Intermediate Education Act, 1921. The Institution is also governed by U.P Secondary Education Service and Selection Board Act, 1982 and U.P High School and Intermediate Colleges (Payment of Salaries of teachers and other employees) Act, 1971. The petitioner was initially appointed as C.T grade Teacher on 20.1.1981. The petitioner was given L.T. grade with effect from 20.1.1991 and after completion of five years service in L.T he became eligible for promotion on the pos...
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