Allahabad Court October 2010 Judgments
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Dr.S.N.Tripathi Vs. State of U.P.Through the Prin. Secy. Higher Educat ...
Court: Allahabad
Decided on: Oct-04-2010
1. We have heard Sri H.G.S. Parihar, learned counsel for the petitioner, Smt. Sangita Chandra learned standing counsel and perused record. 2. Preliminary objection has been raised by the learned standing counsel that the respondent Dayanand Anglo Vedic Post Graduate College Lucknow (in short 'College') is not a 'State' within the meaning of Article 12 of the Constitution of India. Accordingly, we proceed to consider the objection raised by the learned standing counsel with regard to maintainability of writ petition. 3. Admittedly, the College is managed by its committee of management registered under the Societies Registration Act and is governed by the bye-laws framed in pursuance of powers conferred by the Societies Registration Act. The College is managed and administrated by the bye-laws of the society. 4. However, the learned counsel for the petitioner submits that being a College under grant-in-aid, the entire salary of teachers and staff of the College is paid by the State Gover...
S.R. Tiwari Vs. State of U.P.
Court: Allahabad
Decided on: Oct-04-2010
1. Proceedings under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'Act,1960') were initiated against the present petitioner under a notice issued after the enforcement of Act No. 18 of 1973 in view of amended Section 4-A read with Section 29 of the Act, 1960. The petitioner filed his objections to the notice so issued. The objections were considered and the Prescribed Authority vide order dated 30.07.1983 held that the petitioner had 1.04 acres of irrigated land as surplus. 2. Not being satisfied with the order so passed by the Prescribed Authority, the recorded tenure holder filed an appeal under Section 13 of the Act, 1960. The appeal was allowed under order of the Appellate Authority dated 18.12.1986 and the mater was remanded to the Prescribed Authority to issue notice under Section 8 of the Act, 1960 to one Prem Narayan and to decide the matter afresh. Accordingly, notices were issued to Prem Narayan on 23.03.1987, to which...
Cm Ajuman Madarsa Arabia Khairul Madaris and Others Vs. State of U.P. ...
Court: Allahabad
Decided on: Oct-04-2010
1. Heard Sri M.A. Qadeer, Senior Advocate, assisted by Sri Shamim Ahmad, learned counsel for the petitioners and Sri Shashi Nandan, Senior Advocate, assisted by Sri Udayan Nandan, learned counsel for the respondent. 2. The present writ petition has been filed for quashing the order dated 28.08.2010, passed by Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh (Annexure-19 to the writ petition) as well as order dated 18.09.2010, passed by the respondent No.3 (Annexure-20 to the writ petition). Further, a writ in the nature of mandamus commanding the District Minority Welfare Officer, Mau, to continue disbursing the salary of Teachers of the Madarsa. 3. It appears that petitioner No.1-Anjuman Madarsa Arabia Khairul Madaris is an Institution registered under the Societies Registration Act governed by the registered bye laws. The Madarsa is run by the Committee of Management elected by the General Body of the Society. The Committee of Management is recognized by the...
Dr. Jay Prakash Yadav Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-04-2010
1. The Mahatma Gandhi Kashi Vidyapith University, Varanasi is a State University governed by the provisions of the U.P. State Universities Act, 1973. The University published an advertisement No.1 of 2009 dated 14th February, 2009 inviting applications for appointment on two posts of Lecturers, in Sociology reserved for the persons belonging to Other Backward Class (OBC). The petitioner applied for appointment. He was called for interview and was empaneled at Sl. No.3. Dr. Arun Kumar Singh and Dr. Saumya Yadav empaneled at Sl.Nos.1 and 2, were appointed and have joined on 29th July, 2009. 2. By this writ petition the petitioner has challenged the selection of Dr. Arun Kumar Singh-respondent No.5 as Lecturer in Sociology in OBC category on the ground that he falls in 'creamy layer', and is to be excluded from selection in the reserved category. Dr. Raj Bahadur Singh Verma, the father of Dr. Arun Kumar Singh is Professor in Lucknow University and was at one time the Head of the Departmen...
Nagarpalika Parishad, Chandpur, District Bijnor Through Its President ...
Court: Allahabad
Decided on: Oct-04-2010
1. The petitioner-Nagar Palika Parishad is an elected body constituted under the Uttar Pradesh Municipalities Act, 1916 (hereinafter referred to as the 'Act'). By order dated 19.6.2010 passed by Additional District Magistrate (respondent no. 3), the Executive Officer of the Parishad has been directed to stop all payments regarding the contracts for the construction work given by the Nagar Palika Parishad during the pendency of enquiry instituted by the District Magistrate. Then by order dated 26.7.2010, the Additional District Magistrate has issued directions to the Executive Officer of the Parishad, Chandpur to the effect that the resolutions passed by the Nagar Palika Parishad in its meeting on 21.7.2010 be not given effect to. Again by order dated 29.7.2010 passed by the Additional District Magistrate, the Nagar Palika Parishad has been restrained from auctioning the shops for certain areas as specified in the said order. Aggrieved by the said orders dated 19.6.2010, 26.7.2010 and 2...
District Basic Education Officer, District Unnao and anr. Vs. Mohd. Na ...
Court: Allahabad
Decided on: Oct-01-2010
1. The appellants are in appeal against the judgment and order of the learned Single Judge dated 14.07.2010. The issue before the learned Single Judge was, whether the holders of Moallim-E-Urdu Certificate, which was recognized by the State Government as well as Union of India, and was treated equivalent to B.T.C. (Urdu), would make them eligible for appointment to the post of Assistant Teachers in Basic Primary Schools. The Government had issued Orders dated 28.01.1985 and 21.10.1988, whereby the degree of Moallim-E-Urdu was treated as equivalent to B.Ed., and vide Government Order dated 13.09.1994, the State Government recognized the degree of Moallim-E-Urdu as equivalent to B.T.C. The said Government Order was operative up to 11.08.1997. Admittedly, the respondents herein (original petitioners) had obtained their Certificates between the years 1995, 1996 and 1997 before the equivalence was withdrawn on 11.08.1997. 2. A Circular was issued by the Director (Basic Education) on 17.03.2...
Mohar Singh Vs. Addl. Commissioner
Court: Allahabad
Decided on: Oct-01-2010
1. Proceedings under Section 10(2) of the U.P. Imposition of Ceiling On Land Holdings Act, 1960 (herein after referred to as the Act, 1960) were initiated against the recorded tenure holder (Mohar Singh) culminating in an order of the Prescribed Authority dated 31.03.1980 whereunder it was held that the petitioner had 4.45 acres of irrigated land as surplus. Not being satisfied the petitioner preferred an Appeal under Section 13 of the Act, 1960. The appeal was decided under an order dated 30.09.1980. Operative portion of the order is being quoted herein below : ?The appeal is hereby partly allowed and the case is being sent back to the Prescribed Authority with a direction that he will recalculate the ceiling and surplus area applicable to the tenure holder in the light of the finding or observation made above in the body of this judgment. He need not hold an enquiry into the matter. His job will be only to work out the surplus area if any in the light of the finding of this Court. No...
Krishna Pal Singh Vs. State of U.P. and Others.
Court: Allahabad
Decided on: Oct-01-2010
1. Notice on behalf of respondent nos.1, 2, 3 and 5 has been accepted by the learned Chief Standing Counsel and on behalf of respondent no.4, by Sri Manish Kumar. 2. With the consent of the parties' counsel, the petition is being disposed of finally at the admission stage. 3. Learned counsel for the petitioner submitted that the petitioner had retired from the post of Additional District Judge, District Balia in November, 1996. The petitioner has claimed reimbursement with respect to his medical claim of the year 2005. The petitioner went to place his papers in the office of the District Judge, Bahraich, where he is residing after retirement, but the District Judge has refused the same, saying that such a claim can be reimbursed only from the place, from where the petitioner has retired, i.e. District Balia. 4. Relevant Para-3 of the Government Order is quoted below: "3. Sewanivrit sarkari sewak evam unke pariwar ke aashrit sadasya tatha mrit sarkari sewak ke pariwar pension hetu ahar ...
Rakesh Kumar Dayal Vs. State of U.P and Others
Court: Allahabad
Decided on: Oct-01-2010
1. The petitioner has filed this petition questioning the correctness of the Office Memorandum dated 4th July 2005 as communicated through Letter dated 12.12.2006 whereby the selections held in 1999, the results whereof were declared in 2003 on Class IV posts of Peon/Runner/Ferro Boy have been cancelled. 2. The petitioner was an applicant under the scheduled caste category and is alleged to have been selected. The petitioner had applied against Advertisement No. 2 of 1998 for the post in question 118 posts had been advertised for being filled up as backlog vacancies of the reserved category. The Interview for the said posts was held in the year 1999 but the results were not finally declared. 3. It appears from the records that with the creation of the State of Uttaranchal, certain castes and tribes whose population had been altered in the State of U.P., required refixation of the percentage of scheduled castes and scheduled tribes and their identification. There was a ban also imposed ...
Ash Bahadur Singh and Others Vs. Deputy Director of Consolidation, Gop ...
Court: Allahabad
Decided on: Oct-01-2010
1. Heard Sri Triveni Shankar, learned counsel for the petitioners and Sri Keshari Nath Tripathi Senior Advocate, assisted by Sri Neeraj Tripathi Advocate appearing on behalf of contesting respondents. 2. Counter and rejoinder affidavits have been exchanged. The writ petition is being decided finally. 3. The orders challenged in the writ petition are dated 19.2.1982 Annexure-5 to the writ petition passed by the Deputy Director of Consolidation, Gopiganj, Varanasi and 25.9.1981 Annexure-4 to the writ petition, passed by the Settlement Officer Consolidation, Gyanpur, Varanasi. 4. The dispute relates to plot No. 4 area 22 bigha 17 biswa 2 dhoor situated in Mauja Gopiganj Tapkaud, Pargana Bhadohi, Tehsil Gyanpur, District Varanasi, at present District Sant Ravidas Nagar Bhadohi. The land was recorded in the name of petitioners in the year 1356-1359 Fasli. In the year 1956-57, the petitioners executed several sale deeds in favour of different persons. Sale deed was executed in favour of Shes...
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