Allahabad Court April 2006 Judgments
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Ramesh Kumar Vs. A.D.M. (Civil Supply) Rent Control and Eviction Offic ...
Court: Allahabad
Decided on: Apr-28-2006
Reported in: 2006(3)AWC3040
Anjani Kumar, J.1. The petitioner, who asserts himself as tenant of the accommodation in question on the ground-floor portion of house No. CK-8/13, Mohalla Gau Ghat, Varanasi filed this writ petition under Article 226 of the Constitution of India against the order dated 24.5.2001, whereby the Rent Control and Eviction Officer has declared the vacancy in the accommodation in question and directed the vacancy to be notified in accordance with the provision of U.P. Act No. 13 of 1972 (In short 'the Act').2. The brief facts of the case are that respondents Vijay Kumar Mishra and Jai Kumar Mishra, both sons of Durga Dutt Mishra, resident of house No. CK-8/13 Mohalla Gau Ghat, Varanasi, filed an application to the effect that they are landlord of the accommodation in question and that Vijay Kumar Mishra, who is in employment of Railway department, would retire from service after completing the age of superannuation in the month of July, 2002, as a consequence of retirement of the landlord, h...
Rais Ahmad Vs. A.D.J./Special Judge and ors.
Court: Allahabad
Decided on: Apr-28-2006
Reported in: 2006(3)AWC3042
Anjani Kumar, J.1. The petitioner, who is tenant of the accommodation in question, by means of present writ petition under Article 226 of the Constitution of India, has challenged the order passed by the appellate authority under the provisions of the U.P. Act No. XIII of 1972 (in short 'the Act') dated 20.12.2005, whereby the appeal filed by the petitioner-tenant has been dismissed by the appellate authority against the order of the prescribed authority dated 6.11.2000, by which the prescribed authority under the Act has allowed the release application filed by the respondent-landlord, copies whereof are annexed as Annexures-9 and 4, respectively to the writ petition.2. The brief facts of the present case are that admittedly Pradeep Rastogi was the landlord and after his death, his wife Smt. Sushma Rastogi, the respondent No. 3 in this petition and her two minor children becomes the owner and landlord of the accommodation in question, which is a shop, in which Nabi Ahmad was the tenan...
Syed Shahid HusaIn and anr. Vs. Mushahid Ali
Court: Allahabad
Decided on: Apr-28-2006
Reported in: 2006(4)AWC3388
Anjani Kumar, J.1. This Is a writ petition under Article 226 of the Constitution of India by the petitioner-plaintiff who is aggrieved by an order dated 24.1.2004 passed by the revisional court whereby the revisional court allowed the revision filed by the respondent-tenant by setting aside the decree passed by the Court of Small Causes dated 18th October, 2000 and dismissed the suit filed by the petitioner.2. The petitioner filed a suit against the defendant before the Small Cause Court for recovery of arrears of rent and ejectment of the defendant-respondent on the ground that the tenant has defaulted in payment of rent. Therefore, the tenancy was terminated by serving the notice under Section 106 of Transfer of Property Act on the petitioner-tenant asking to vacate the premises and pay the arrears. The defendant neither made payment nor vacated the premises. Thus, the plaintiff filed the suit aforesaid. The defendant-respondent denied the allegations made in the plaint and set up th...
Gyan Prakash Mishra S/O Late Raja Ram Mishra Vs. Asstt. Regional Trans ...
Court: Allahabad
Decided on: Apr-27-2006
Reported in: 2006(2)AWC1827
B.S. Chauhan, J.1. This writ petition has been filed for quashing the Seizure Memo dated 21.3.2006 (Annex. 1) by which in exercise of power under Section 207 of the Motor Vehicles Act, 1988 (hereinafter called the Act), the vehicle has been seized by the Transport Authority, for the reason that colour of the vehicle is as of the vehicle belonging to U.P. State Road Transport Corporation (hereinafter called U.P. S.R.T.C.).2. The facts and circumstances giving rise to this case are that petitioner is registered owner of Vehicle No. UP-70-AT-2463 (bus) which is being plied by the petitioner on the basis of temporary permits granted in his favour by the Transport Authorities from time to time.3. On 21st March, 2006, the vehicle was seized by the respondent No. 1 as the vehicle was having the colour as that prescribed for U.P. S.R.T.C.. Buses. The petitioner filed an application for release of the vehicle on 17.4.2006. However, the same is not being considered. Hence this petition.4. Shri A...
Mukesh Singh Chauhan S/O Sri K.P.S. Chauhan, Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Apr-27-2006
Reported in: 2006(4)ARC3471
Tarun Agarwala, J.1. Heard Sri Yogesh Kumar Saxena, the learned Counsel for the petitioners , Sri Ravi Ranjan, the learned Standing Counsel appearing on behalf of respondent Nos. 1,2 and 3 and Sri Rajesh Kumar, Advocate holding the brief of Sri P.K. Prajapati, the learned Counsel appearing for the respondent No. 4.2. Three teachers in L.T. Grade retired on reaching the age of superannuation on 30,6.99 in a minority institution known as Christian Inter College, Mainpuri. The vacancy arose on 1.7.1999. The Committee of Management vide letter dated 2.9.1999 sought permission from the District Inspector of Schools to advertise three posts in general subject. The District Inspector of Schools vide an order dated 25.9.19099 granted permission for advertising the posts and for the initiation of the selection process for the appointment of Assistant Teachers in L.T. Grade. 3. It transpires that an advertisement were issued in the Hindi Newspaper 'Amar Ujala' dated 29.9.1999 and in the English ...
Smt. Gayatri Devi Widow of Late Shri Chandra Prakash Alias Chamru Ram, ...
Court: Allahabad
Decided on: Apr-27-2006
Reported in: 2006(4)AWC3390
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This is tenants' writ petition arising out of suit for eviction and recovery of arrears of rent filed by landlord-respondent No. 2 Shri Shyam Sunder, against original tenant Chandra Prakash alias Chamru Ram, who died during the pendency of the suit and was survived by the original petitioners, who were four in numbers. Petitioner No. 1 has also died during pendency of this petition leaving behind only the other three petitioners as her heir and legal representatives and her name has been deleted from the array of the parties. The suit was registered as S.C.C, Suit No. 24 of 1981. Landlord-respondent No. 2 claimed that the tenanted property in dispute belonged to Murli Dasi daughter of Jhinku lal and Shrimati Murli Dasi had transferred the property in dispute to him through registered sale deed dated 18 09.1979. It was also pleaded that respondent No. 2 gave notice about the transfer to the original tenant on 24.10.79 and Shrimati...
Krishi Utpadan Mandi Samiti Through Its Secretary Vs. Brij Behari (Dec ...
Court: Allahabad
Decided on: Apr-27-2006
Reported in: 2006(4)AWC3713
Poonam Srivastava, J.1. Connect this revision along with civil revision No. 77 of 2006.2. Heard Sri B.I). Mandhyan, Senior Advocate, assisted by Sri Satish Mandhyan, learned Counsel appearing for the revisionist and Sri Manish Goyal, learned Counsel appearing for the opposite parties.3. The civil revision No. 78 of 2006 is against the judgment and order dated 25.1.2006 passed in execution case No. 7 of 1993 in land acquisition case No. 47 of 1981, Brij Behari and Ors. v. State, By virtue of the impugned order an earlier order dated 9.4.2002 passed by his predecessor has been recalled whereby an additional liability has been created against the Mandi Samiti. Civil revision No. 77 of 2006 is against the judgment and order dated 16.1.2006 passed in misc. case No. 6 of 2002 in the execution case No. 7 of 1993, Maya Somani and Ors. v. State and Anr.. Both the revisions are being decided simultaneously by a common order.4. Facts giving rise to the dispute is that notification under Section 4...
Som Nath Vaish Son of Late Shambhoo Nath Vaish and Ravindra Nath Vaish ...
Court: Allahabad
Decided on: Apr-27-2006
Reported in: 2006(4)AWC3337
S.U. Khan, J.1. Heard Shri M.K. Gupta and Sri A.K. Singh, learned Counsel for the petitioner and Sri Mukhtar Alam, learned Counsel appearing for respondent No. 2 viz. Indian Oil Corporation, Allahabad.2. This is landlord writ petition arising out of vacancy declaration and allotment / release proceedings. Petitioner No. 1 and 2 the original landlords sold the property in dispute to M/s Madhu Colonizer on 4.12.1999 (during pendency of writ petition). M/s Madhu Colonizer has been impleaded as petitioner No. 3 by order dated 19.12.2005.3. In this case on several dates the court persuaded the parties to enter into some sort of compromise. However today learned Counsel for respondent No. 2 Indian Oil Corporation, Allahabad categorically stated that the tenant was not ready to enhance the rent by any amount hence talks of compromise failed. Learned Counsel further requested for decision of the writ petition on merit. Thereafter both the parties were heard on merit of the writ petition.4. Bui...
Sudhir Tyagi S/O Sri Satya Pal Tyagi Vs. State of U.P. Through Its Sec ...
Court: Allahabad
Decided on: Apr-27-2006
Reported in: 2006(3)AWC2636
Yatindra Singh, J.1. These writ petitions relate to manner of reservation in the constituencies for members of the committee of management of a cooperative society.THE FACTS2. The elections in the cooperative societies were not being held and administrators were being continued. Writ petition No. 7451 (M/B) of 2005 was filed in the Lucknow bench of the Allahabad High Court for a direction to hold elections. This writ petition was disposed of on 8.12.2005 with a direction to hold elections in the cooperative societies within three months. Another WP No. 5463 of 2006 was disposed of at Allahabad on 7.2.2006 in the similar terms. The Registrar, Cooperative Societies directed that elections for delegates be held by 15.3.2006 and elections for the committee of management be held by 7.4.2006. It is in pursuance of these directions that elections in the Cooperative societies, including the Kisan Sahkari Chini Mills Samiti Ltd. Gajraula Hasanpur District Jyotibaphule Nagar (the Hasanpur Cane C...
Achintya Kumar Lahiri Vs. Life Insurance Corporation of India
Court: Allahabad
Decided on: Apr-27-2006
Reported in: AIR2006All264; 2006(4)AWC3430
ORDERPoonam Srivastava, J.1. Heard Sri Shashi Nandan, Senior Advocate assisted by Sri Santosh Kumar Srivastava, Advocate and Sri. R.C. Shukla, Advocate, appearing for he defendant/respondent.2. This is a revision under Section 25 Provincial Small Causes Court Act challenging the judgment and decree dated 16.12.2002 passed by the Additional District Judge, court No. 10, Gorakhpur in S.C.C. Suit No. 12 of 2001, Achintya Kumar Lahiri v. Life Insurance Corporation of India.3. The plaintiff/revisionist instituted a suit for decree of ejectment from the disputed accommodation, which consists of first floor of the building along with garage within the compound. The rate of rent as claimed by the plaintiff is Rs. 2500/- per month. A registered notice was served on 14.2.2001 to the respondent/tenant for arrears of rent from September 1996 up to January 2001 to the tune of Rs. 1,32,500/-(Rupees one lakh thirty two thousand five hundred). The notice was sent to the Divisional Manager Life Insuran...
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