Court : Madhya Pradesh Jabalpur
1- Challenging the orders Annexure P/1 and P/2, by which promotion to the post of Assistant Commissioner Excise is granted to respondent No.3, superseding the petitioner and the order seeking suo motu review of a departmental proceeding closed against the petitioner, this writ petition has been filed.2- Petitioner was initially appointed as a District Excise Officer on 1.9.1999. He claims to be a person belonging to the Scheduled Tribe community. In the year 2005, while petitioner was posted as District Excise Officer, Mandsaur a show-cause notice was issued to him on 5.11.2008, pointing out various irregularities in the matter of recovery of revenue. Petitioner is alleged to have filed reply denying the allegations. However, a charge-sheet was issued to the petitioner on 3.3.2006, to which the petitioner submitted his reply and pointed out his defence. Being satisfied with the reply submitted by the petitioner, the disciplinary authority exonerated the petitioner of all the charges an...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. The appellants/defendants, have directed this appeal under section 100 of the CPC, being aggrieved by the judgment and decree dated 31.1.07 passed by Addl. District Judge, Burhanpur in Civil Regular Appeal No.16-A/05, affirming the judgment and decree dated 29.10.05 passed by II Civil Judge Class-II, Burhanpur in Civil Original Suit No.52-A/2001, till the extent of decreeing the suit of the respondents for eviction under section 12(1)(c) of the M.P. Accommodation Control Act, 1961 and dismissing the counter claim of the appellants for damages. While the decree of the trial court given under section 12(1)(a) of the Act has been set aside by the appellate court.2. It is undisputed fact of the case that Plot No.159/2 situated at Block No.36 at Shastri Chowk ward, Burhanpur is a property belonging to appellant No.2 Vidya Bai. While the adjoining plot and premises described in the plaint and also marked as A.B.C.D.F in a map annexed with such plaint, was of the property of the predecesso...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. By means of this public interest litigation, a Non-government organization, namely 'Narmada Bachao Aandolan' seeks to highlight the plight of land oustees, majority of whom, belong to weaker section of the society. The aforesaid land oustees are being uprooted for construction of Upper Beda Dam on river Beda, a tributary of holy river Narmada which is also known as 'Reva' in central India and is the fifth largest river in the Indian subcontinent. It is worth mentioning that Narmada River has huge water potential and has 41,000 m. cum of average annual flow. In order to utilize the water potential of the river Narmada and to provide the water for drinking as well as irrigation purposes to areas which face the problem of water scarcity, several dams and canals have been constructed on river Narmada and on its tributaries; one of them is Upper Beda dam with which we are concerned in the case in hand.2. The petitioner claims to be an organization of the oustees working for last twenty y...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. As common questions of law and facts arise for consideration in the instant writ petitions and as agreed to by the learned counsel for the parties, the writ petitions were heard analogously and are being decided by this common order.2. For the sake of convenience W.P.No.4856/2006 is taken as a leading case and its facts are being referred to. The petitioners of the said writ petition are registered trade unions of Security Paper Mills, Hoshangabad (hereinafter referred to as 'the SPM'). The SPM was set up in the year 1967 by the Union of India and has workforce of more than 2000 employees. It is under the administrative control of Ministry of Finance, Union of India. There are nine industrial units of the Government of India for minting coins and printing currency notes, namely, (i) India Government Mint, Noida, (ii) India Government Mint, Kolkata, (iii) India Government Mint, Hyderabad, (iv) India Government Mint, Mumbai, (v) Security Paper Mill, Hoshangabad, (vi) Bank Note Press, ...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Petitioner, which is a forum of retired IAS, IPS officers and other eminent citizens of State of Madhya Pradesh, through this public interest litigation has challenged the validity of section 23-A of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, as amended by Amendment Act, 2005, (hereinafter referred to as the 'Act'), as well as notifications dated 14.3.2008 and 05.9.2007, Annexures-P-1 and P-2 respectively, issued by the State Government in exercise of powers under Section 23-A of the Act. By the impugned notifications the land use of various sites in the city of Bhopal has been changed from public/semi public purpose to commercial in order to facilitate the construction of Five Star Hotel, a Commercial Complex and an Oceanarium on lands measuring 10.19 acres over Khasra Nos.1431 and 1432 which situate adjacent to Minto Hall and for the construction of Central Business District on land measuring 15 acres in and around South T.T. Nagar Market surrounding area, which is pu...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Being aggrieved by the Judgment and decree dated 31.7.1995 in Civil Suit No. 85-A of 1995 passed by 9th Additional District Judge, Jabalpur by which the plaintiffs have been declared to be the owners of the house in dispute and defendants have been directed to pay mesne profits of Rs. 2,200/- per month to plaintiffs, defendants No. 1 and 3 to 13 have preferred this appeal under Section 96 of the Code of Civil Procedure.2. It is not in dispute that Dwarkadas Bhatia was the owner of House situated at Lordganj, Jabalpur. The plaintiffs are his heirs. It was a big house. It is not disputed that house of Dwarkadas Bhatia was auctioned in two parts; one part in Civil Suit No. 39-B/48, which was purchased by Gyanchand on 27.6.1951, sale was confirmed on 18.10.1951 and thereafter, sale certificate was issued on 16.1.1952 by First Civil Judge Class II, Jabalpur. Second part of the house was auctioned on 16.11.1953, sale was confirmed on 24.3.1954 and thereafter sale certificate was issued in...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Heard on admission. Challenge put-forth in the present petition under Article 226 of the Constitution of India is to an order dated 29.10.2009/11.11.2009 (Annexure P-4) whereby the petitioner has been issued with a charge-sheet, whereby the petitioner has been charged of financial embezzlement of Rs.3,84,700/- and of an act unbecoming of a government servant, violating Rule 3 (1) (i), (ii), (iii) and Rule 3 (2) (ii) of Madhya Pradesh Civil Services (Conduct) Rules, 1965 (hereinafter shall be referred to as Conduct Rules of 1965). Facts giving rise to initiation of a departmental enquiry was with first information report lodged on 12.6.2008 by one Chandrabhan Kulhade, Court Superintendent of District Consumer Forum, Seoni. The report was initially lodged against one Rajkumar Rai, Farrash at District Consumer Forum, Seoni alleging that a sum of Rs.3,84,700/- has been drawn from the Bank by putting forged signature. On the basis of said report a crime was registered for offences under ...
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