Allahabad Court March 2007 Judgments
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Balak Nath and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-09-2007
Reported in: 2007(78)AWC2444
ORDERS.U. Khan, J.1. Heard Sri Anil Kumar Singh, learned Counsel for the petitioners, Sri Siddharth Verma, learned Counsel for private respondents and learned standing counsel for respondents-State of U.P. and Assistant Collector/Sub Divisional Officer, Mirzapur.2. These writ petitions are directed against the order dated 19.12.1985 passed by the Prescribed Authority/Sub-Divisional Magistrate, Sadar, Mirzapur in Case No. 12/343/123 under U.P. Imposition of Ceiling on Land Holdings Act. 1960 Village Vijayapur, Tappa 96, pargana Kantit Tahsil and district Mirzapur State v. Mundraj Kunwar (deceased) survived by Panna Bibi and Heera Bibi. Through the said order change of choice of the successors of original tenure-holder was accepted and it was directed that plot No. 167 Ba area 1 Bigha 8 Biswas 14 Biswansis and plot No. 169 area 15 Bigha 19 Biswas 17 Biswansis situate in village Lahas initially taken as surplus land should stand released in favour of applicants Shrimati Heera Bibi and Pan...
Hotel Vilas and anr. Vs. Anil Roy and ors.
Court: Allahabad
Decided on: Mar-09-2007
Reported in: 2007(78)AWC2301
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This writ petition has been filed by the second lessees or transferees of lessor's right during continuance of tenancy of the original tenant Sampat Roy whose heirs are respondents in this writ petition. Petitioners may be described as transferees or assignees of the reversion which was reserved to the owner landlord after he executed the lease in favour of tenant Sampat Roy. Such an assignee is in the position of landlord as far as recovery of rent and ejectment is concerned in respect of the tenant who was earlier inducted by the original owner landlord. In this regard reference may be made to an authority of this Court in Munshi Lal Niyarta v. Lala Kedar Nath 1970 AWR 803. I have also considered this question in Ved Prakash Arya v. A.D.M., 2003 (2) ARC 797. In the said authority, I placed reliance upon several authorities including the authority of this Court in 1978 ALJ 759. A contrary view has been taken by the Calcutta High...
Union of India (Uoi) Through Senior Superintendent of Post Office Vs. ...
Court: Allahabad
Decided on: Mar-09-2007
Reported in: 2007ACJ2377
V.M. Sahai and Pankaj Mithal, JJ.1. The deceased Om Prakash Agarwal was working as teacher in St. John's Intermediate College, Agra. On 22.1.1989 he went to Agra Fort Railway Station, Agra to pick up his scooter from the scooter stand which was near R.M.S. Post Office, when a Matador van No. UHL 9141 on which postal envelopes were being loaded automatically got started and hit the deceased, Om Prakash Agarwal, who was standing near the scooter stand. He was immediately rushed to the hospital where he was declared dead. His widow, mother and daughters filed claim petition claiming compensation to the tune of Rs. 9,00,000 on the ground that the deceased was earning Rs. 2,100 p.m. as salary and Rs. 2,000 p.m. from other sources. His income was Rs. 4,100 p.m. The claim petition was contested by the driver of Matador van. The Union of India did not contest the claim petition in spite of service that was held to be sufficient on Union of India. The Tribunal directed that matter be proceeded ...
Shyam Sunder Poddar Vs. Smt. Murta Devi and ors.
Court: Allahabad
Decided on: Mar-09-2007
Reported in: 2008(1)AWC1099
Sunil Ambwani, J.1. Heard Shri R.N. Singh, senior advocate assisted by Shri Anshu Chaudhari for appellant and Shri R. S. Misra for respondents.2. Shri Shyam Sunder-the plaintiff filed O.S. No. 262 of 1970 with the allegation that the house described by letters 'A, B, C, D' at the foot of the plaint belongs to him, and is his ancestral house. The house belonging to Pateshwari towards south of his property was sold to Kaushal Kumar and Sarwan Kumar sons of Bhagwati Prasad-defendant Nos. 1, 2 and 3 on 8.9.1970. The defendant No. 3 illegally demolished plaintiffs wall 'DY' with the help of a peson and took away the tin sheets and bricks of the plaintiff's varandah without any right. On a complaint, the police did not take any action and that since the defendants were further threatening to take possession of the southern portion of his house, a decree of permanent injunction be passed restraining defendants from interfering plaintiffs right and damages of Rs. 1,800 for demolition of his wa...
Kedar Nath Vs. Tesari (D) by L.Rs. and ors.
Court: Allahabad
Decided on: Mar-09-2007
Reported in: 2008(1)AWC1102
Sunil Ambwani, J.1. Heard Shri H.O.K. Srivastava and Shri Mahesh Kumar for the appellant. No one appears for the respondents.2. This defendant's second appeal arises out of Original suit No. 202 of 1970 for permanent injunction restraining the defendant from interfering with plaintiffs possession on plot Nos. 61 and 62/2 and to make any construction; and further to remove the bricks, kal, cattle-troughs and pegs from the land in dispute. The suit was dismissed by the trial court on 16.11.1973. The Civil Appeal No. 392 of 1973 was allowed by Civil Judge, Azamgarh on 20.10.1976. On 10.12.1976, when the second appeal was admitted the amendments in Section 100, C.P.C. were not notified.3. The appellate court found that the plaintiffs are owners of the disputed land. The survey map (paper No. 52A2) dated 3.2.1972 prepared by the Commissioner was confirmed. The Commissioner described the disputed land in yellow colour and found it in Shikmi plot Nos. 61 and 62/2. The house of defendant was r...
Narendra Prakash Sharma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-09-2007
Reported in: [2007(113)FLR504]
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.This writ petition is directed against the order of transfer dated 10.11.2006 (Annexure-1 to the writ petition) by which he was transferred from Dhatri to Nagla Khangar Branch of the Bank.2. The Counsel for the petitioner submits that the impugned transfer order is liable to be quashed on the ground that it has been passed in mid session as the children of the petitioner are appearing in the Board Examinations, which have already commenced.3. The contention of the Counsel for the petitioner has no force as the petitioner has been transferred from one branch of the bank to another branch located in the same city and he can join the branch where he has been transferred without any difficulty and is already living in the same house. It is not the case of the petitioner that he has been transferred at a distance place, which would disturb the study of the children.4. In my opinion, transfer of the petitioner to anothe...
Smt. Manju Rani Bharti Widow of Late Sri Ajai Bahadur Singh Vs. Sri Ma ...
Court: Allahabad
Decided on: Mar-08-2007
Reported in: 2007(3)AWC2628
A.P. Sahi, J.1. The applicant, widow of late Ajai Bahadur Singh, has instituted these contempt proceedings, alleging disobedience of the directions contained in the judgment of this Court dated 12.8.05, by which the concerned educational authority was directed to decide the claim of the payment of arrears of salary of late Ajai Bahadur Singh for the period 11.4.96 to 12.12.97 and payment of family pension to the applicant.2. The facts giving rise to this matter are that a vacancy on the post of lecturer in commerce occurred on 30.6.96 due to the retirement of the permanent incumbent Sri Ram Raj Lai, in Indra Bahadur Singh National Inter College, Bhadohi, district Sant Ravidas Nagar. It appears that before the actual vacancy occurred, steps under the U.P. Secondary Education Services Selection Boards Act, 1982, read with the regulations framed thereunder, were undertaken for advertising the same for holding selections.3. The applicant's husband, late Ajai Bahadur Singh was selected unde...
Subhash Chandra Gupta Vs. U.P. State Cadre Authority and ors.
Court: Allahabad
Decided on: Mar-08-2007
Reported in: 2007(78)AWC2191
Rakesh Tiwari, J.1. Heard Sri Rajesh Kumar, counsel for the petitioner, Sri K.N. Misra, counsel for the respondents and perused the record.2. The petitioner has challenged the order of suspension dated 28.3.2006 passed by District Assistant Registrar, Co-operative Societies, U.P. Moradabad/Chairman District Committee, P.C.U. Moradabad-respondent No. 3 appended as Annexure-9 to the writ petition.3. The petitioner prays for a writ of certiorari quashing the impugned suspension order dated 28.3.2006 passed by respondent No. 3 and for a writ of mandamus commanding the respondents to reinstate him in service and not to interfere in his peaceful working on the said post.4. Briefly stated, the facts of the case are that the petitioner's society was allotted 258 quintals of wheat which was distributed amongst the concerned institutions in accordance with the circular dated 9.1.2006 issued by the authority. On the basis of news published in 'Amar Ujala', regarding irregularities in distribution...
Ramesh Singh S/O Late Indrasen Singh Vs. State of U.P. Through Distric ...
Court: Allahabad
Decided on: Mar-07-2007
Reported in: 2007CriLJ2401
Ashok Bhushan, J.1. Heard Sri Khurshed Alam learned Counsel for the petitioner and the Learned standing counsel.2. By this writ petition the petitioner has prayed for quashing the order dated 7.2.2007 by which order the District Magistrate suspended the petitioner's arm license and directed him to deposit the same with the police station. By the same order a notice was also given to the petitioner to show cause as to why his license be not cancelled. The order of suspension was passed on the basis of report submitted by the In-charge Inspector, Kotwali, Circle Officer, Rudrapur and the Additional Superintendent of Police. The reason as noticed in the order for suspension was an incident which took place on 20.11.2006 in the after noon at 2.30 P.M. at the time of inauguration of the Primary Pathshala situate at village Fatehpur. At time of inauguration the petitioner along with his group killed one Ram Pravesh Nishad by his licensed pistol. A criminal case Under Section 302 I.P.C. Was a...
Arun Kumar Son of Sri Ram Sharan Vs. the Prescribed Authority/Sub Divi ...
Court: Allahabad
Decided on: Mar-07-2007
Reported in: 2007(3)AWC2613
Ashok Bhushan, J.1. Heard Sri S.P. Singh learned Counsel for the petitioner and Sri Vikrant Pandey and Shaildema Awasthi learned Counsel appearing for the respondents.2. By this writ petition the petitioner has prayed for quashing the order dated 2.2.2007 passed by the learned District Judge dismissing the revision filed by the petitioner and the order dated 4.1.2007 passed by the Prescribed Authority rejecting the application filed by the petitioner dated 9.11.2006 for dismissing the Election Petition.3. The respondent No. 2 Hari Om filed an Election Petition Under Section 12(c) of the U.P. Panchayat Raj Act, 1947 challenging the election of the petitioner dated 28.8.2005 for the office of Pradhan, Gram Panchayat Mohanipur, Tahsil Sardhana, District Meerut. Written statement was filed by the writ petitioner, the petitioner moved an application dated 9.11.2006 praying that the issue No. 2 i.e. whether the Election Petition is maintainable? be decided before deciding the other issues. T...
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