Chhattisgarh Court May 2002 Judgments
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Shri Narayan Singh and ors. Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: May-08-2002
Reported in: 2002(3)MPHT39(CG)
ORDERFakhruddin, J.1. This order shall also dispose of W.P. Nos. 725/2002, 785/2002 and 875/2002.2. The petitioners have filed this petition and other petitions jointly and not individually under Articles 226/227 of the Constitution of India praying that the respondents be directed not to take any action against the petitioners on the basis of the declaration made in the State Assembly on 22-3-2002 and further that the respondents be directed not to take any action against the petitioners till a detailed enquiry is conducted by the responsible authorities giving full opportunity to the petitioners. The petitioners further pray that the respondents be restrained from taking any criminal or departmental action against the petitioners and further that the respondents be directed not to harass the petitioners and also that the respondents be directed not to takeany action against the petitioners in view of the letter dated 8-4-2002 issued by respondent No. 5.3. The contention of the petiti...
BadruddIn Qureshi and ors. Vs. B.V. Bhadraiyya and ors.
Court: Chhattisgarh
Decided on: May-08-2002
Reported in: (2003)IIILLJ1051CG; 2003(3)MPHT38(CG)
ORDERFakhruddin, J. 1. The applicants have filed this petition for clarification of the order dated 20-3-2001 passed by this Court in Writ Petition No. 39 of 2000 whereby this Court directed the Industrial Court to decide the Reference Case No. 13/I.T.U. Act/2000.2. The respondents herein are the members of Steel Workers Union, Shram Shakti Sadan, Scctor-6, Bhilai, which is a welfare body constituted under Section 28(4) of the Indian Trade Union Act, 1926 for taking care of the workers of the Steel Industries in Durg District. The elections for the office bearers of the Steel Workers Union were held in the year 1995-97. In the said election Shri Ravi Arya and Shri N.P. Sharma were elected as President and General Secretary respectively. Their term expired on 31-12-1997. Fresh elections were held in the year 1998 but the dispute persisted so far as the office bearers of the Union for the term 1998-2000, is concerned. It is worthwhile to mention that in the fresh election held in 1998 Sh...
Vijay Kumar Dubey, Advocate Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: May-02-2002
Reported in: 2003(1)MPHT33(CG)
ORDERFakhruddin, J.1. The petitioner who is an Advocate has filed this petition styling as Public Interest Litigation. He is a social worker as well. It is submitted that he has deep and extreme feelings towards preservation of the air, water and the natural environments.2. The reliefs claimed are in Paragraph 7 of the petition, which are as under:--(i) To issue a direction to the respondents not to lease out the tanks (talab) having Nistar rights for the fishery purposes to the contractors. (ii) For declaring all the tanks for Nistar purposes which were reserved and declared by the respondents for Nistar in the year 1954 during preparation of Bandobust and Nistar Patrak. (iii) To issue a direction or any other writ to the respondents to prepare a list of tanks, having rights of Nistar, which were available in 1954 and now available in 2002. (iv) To issue a writ to the respondents to make proper programme for protection and improvement of natural environment including forests, tanks, l...
Vijay Baghel Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: May-02-2002
Reported in: 2002(3)MPHT34(CG)
ORDER1. Heard.2. This petition styled as Public Interest Litigation has been filed by the petitioner on the ground that he is the President of Municipal Council, Charoda, Distt. Durg.3. It is submitted that certain members of the Shiv Sena had given a call and wanted to submit a memorandum to the Minister of Revenue, State of Chhattisgarh Shri Bhupesh Baghel and something is stated to have transpired in this regard.4. Counsel for the petitioner submitted that one Rajesh Tiwari, Durg Zila Pramukh of Shiv Sena had submitted a report to the Station House Officer, Purani Bhilai-3, Distt. Durg, but it is the submission of the Counsel for the petitioner that said Rajesh Tiwari did not approach the Superintendent of Police nor filed any petition. The petitioner himself did not lodge any report or complaint. The petitioner was asked whether he himself had lodged anyreport upon which Counsel for the petitioner asserted that the petitioner hasnot filed any report.5. The scope under Articles 226/...
Smt. Rani Bai Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: May-01-2002
Reported in: 2002(3)MPHT10(CG)
ORDERFakhruddin, J. 1. By this writ petition filed under Articles 226/227 of the Constitution of India, petitioner is challenging the order dated 18-1-2002 passed by respondent No. 2 whereby it has been directed to stay the order passed against respondent Nos. 4 and 5 from the post of Sarpanch, Lalpur Gram Panchayat till decisions of appeal preferred by respondent Nos. 4 and 5. 2. Briefly stated facts are that respondent No. 4 was an elected Sarpanch, Lalpur and on a complaint made by the present petitioner who is Up-Sarpanch of the said Gram Panchayat and others, respondent No. 3, the Sub-Divisional Officer, Lormi, Distt. Bilaspur started an enquiry against respondent Nos. 4 and 5 and in exercise of its powers vested under Section 40 of M.P. Panchayat Raj Adhiniyam, 1993 removed respondent Nos. 4 and 5 by passing an ex parte order dated 28-12-2001 (Annexure P-1). Against this order, respondent No. 4 preferred appeal and the Collector while admitting the appeal has rejected the applica...
Kehar Singh and anr. Vs. State of Chhattisgarh and anr.
Court: Chhattisgarh
Decided on: May-01-2002
Reported in: 2002(3)MPHT28(CG)
ORDERFakhruddin, J.1. Heard.By this writ petition filed under Articles 226/227 of the Constitution of India, petitioners pray for issuance of appropriate writ, order or direction to the respondents to pay compensation as awarded by the Delhi High Court in Civil Writ Petition No. 1429/96 in case of Smt. Bhajan Kaur v. Delhi Administration, reported in 1996 III AD (Delhi) 333, for the death of each victim in Anti-Sikh Riots occurred in the year 1984 with interest thereon from the date of incident. The petitioners further pray to direct the respondents to give compassionate appointment to the family members of the petitioners.2. Learned Counsel for the petitioners submits that the incident took place in the town of Dongargarh (Chhattisgarh) where Shri Harmit Singh aged about 25 years, son of the petitioner No. 1 and the second one was Sardar Santosh Singh, aged about 58 years, who was husband of petitioner No. 2. It is submitted that on 15-11-1984 a sum of Rs. 20,000/- was given on the sp...
Jainendra Kumar Bhoi Vs. Shrimati Ahilyabai Choudhary and anr.
Court: Chhattisgarh
Decided on: May-01-2002
Reported in: 2002(3)MPHT26(CG)
ORDERFakhruddin, J.1. Heard.2. By this writ petition filed under Article 226 of the Constitution of India, petitioner prays for quashing the criminal proceedings in a complaint case pending before the A.C.J.M., Raipur on the ground that it is abuse of process of the Court.3. The Court of Additional Chief Judicial Magistrate, has been joined as party where the matter is pending. Shri Sanjay K. Agrawal, Dy. A.G. submits that the petitioner has not shown any ground and it is not just and proper for the petitioner to join the A.C.J.M. as party respondent where the matter has been taken cognizance and the petitioner has wrongly joined the A.C.J.M. as respondent No. 2.4. It is noted that the parties are casually being joined without showing reasonable grounds. Counsel for the petitioner is to be very careful and not repeat such mistakes in future. The name of respondent No. 2 be struck of.5. It is borne out from the record that consequent upon filing of a complaint by respondent No. 1 agains...
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