Allahabad Court February 2013 Judgments
Ajay Tiwari Vs. State of U.P. Thru Secy. and Others
Court: Allahabad
Decided on: Feb-12-2013
Ashok Bhushan, J. By this petition, the petitioner has prayed for quashing the order dated 10/4/2012, issued by the State Government by which the petitioner who has been granted mining lease of 4.168 hectares for mining mineral namely:Diaspore/Pyrophillite, has been directed to obtain environmental clearance from the Ministry of Environment and Forest so that the lease deed can be signed. A mandamus has also been prayed for commanding the State Government to execute the lease deed for excavation of Pyrophillite and Diaspore in respect of an area measuring 4.168 Hectares situate at Village Puradhankuon, Tehsil Mahrauni, district Lalitpur. The brief facts of the case are: the petitioner made an application for a prospecting licence of Pyrophillite and Diaspore over an area measuring 32.67 acres vide application dated 27/8/1994, but the State Government vide order dated 23/9/1997 granted only an area measuring 3.24 hectares for a period of 2 years. The State Government vide order dated 30...
Tag this Judgment!Pankaj and Another Vs. State of U.P.
Court: Allahabad
Decided on: Feb-07-2013
Heard Sri Ashok Khare, learned senior counsel, for the petitioners and learned standing counsel for the respondents. The relief prayed for is for quashing of the order dated 24th January, 2013 issued by the Director Technical Education, U.P. and the consequential order dated 31st January, 2013 whereby the petitioners have been repatriated to their parent cadre in the Subordinate Government Institutions where they had been substantively appointed. The contention of Sri Ashok Khare is that the orders are arbitrary and illegal and inasmuch as the petitioners belong to the same cadre of employees and are governed by the same set of rules, namely, the Uttar Pradesh Technical Education Department, Ministerial Service Rules, 1986 and, therefore, there was no occasion for having passed the impugned order. He further submits that the petitioners have already been absorbed at the Directorate in the year 2005 under a valid order dated 18.3.2005 passed by the State Government itself which should b...
Tag this Judgment!ilam Chand and Others Vs. State of U.P. and Another
Court: Allahabad
Decided on: Feb-01-2013
Aditya Nath Mittal, J. Both these criminal revisions have been filed against the order dated 27.11.2009 passed by Judicial Magistrate, Court No. 2, Saharanpur in Complaint Case No. 523 of 2006 (Subheram Vs. Naresh and others), under Sections 218, 420, 467, 468, 471 and 120-B I.P.C. The complainant had filed an application under Section 156(3) Cr.P.C. against the revisionists alleging that three different suits regarding plot no.1435 area 0.102 hectare situated at Islamnagar under Police Station Rampur, District Saharanpur are pending in different courts and the accused persons have knowledge of interim orders passed therein. The plot no. 1435 was recorded as pits for manure in the year 1410 fasli and prior to it the accused no. 1, who is lekhpal, has no right to change the entries of khasra. The accused persons no. 2 to 15 had filed the copy of khasra in Suit No. 608 of 2000 which has been issued on 27.10.2002 in which the entries regarding pits of manure has been changed to Ram Leela ...
Tag this Judgment!Nirdosh Kumar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-01-2013
Tarun Agarwala, J.. An incident took place in the night of 29/30 August, 2004 wherein the petitioner in the course of his duty met with an accident with a Maruti Car while driving his motorcycle as a result of which, the petitioner fired from his official rifle injuring one occupant in the car, who eventually succumbed to his injuries in the hospital. On the basis of this incident, an F.I.R. was lodged against an unknown police officer and subsequently, upon investigation the petitioner's name surfaced and he was charge sheeted. On the otherhand, disciplinary proceedings were initiated against the petitioner on the charge that he had misused his post and had unlawfully used his rifle, which has tarnished the image of the police force. On the basis of this charge, a domestic inquiry proceeding was initiated and, after collecting the evidence, the inquiry officer submitted a report holding that the charge against the petitioner stood proved. The disciplinary authority issued a show cause...
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