Uttarakhand High Court
Hon'Ble Kalyan Jyoti Sengupta vs Addl. District Judge And on 29 April, 2013
Author: K.J. Sengupta
Bench: Kalyan Jyoti Sengupta
WPMS No.243 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. Sharad Sharma, Senior Advocate assisted by Mr. J.S. Bisht, Advocate present for the petitioner.
Mr. Lok Pal Singh, Advocate present for the respondents.
Let affidavit of rejoinder be filed within two weeks from the date, failing which, petitioner will be de-barred from filing of rejoinder affidavit.
Liberty to mention for enlistment of the matter for hearing after filing of rejoinder affidavit.
The stay vacation application is disposed of by passing following order.
In my view, stay order should not be vacated as prayed for. If it is done so, the entire writ petition will become infructuous as the petitioner would be evicted.
However, I modify the stay order in the manner as follows:
The petitioner shall pay a sum of Rs.500/- per month as occupation chargtes to the respondent who will accept the same without prejudice. First of such payment shall be made on or before 15th May, 2013. In the event, such payment is made, as above, then stay order will continue till such time as this Court will direct. The petitioner shall go on paying @ Rs.500/- per month as occupation charges to the respondent on 15th of each and every succeeding month subsequent to month of initial payment. In default of paying any one monthly charge, stay order will stand vacated.
(K.J. Sengupta, J.) JKJ 29.04.2013 WPMS No.646 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Matter will be heard analogously with connected WPMS No.81 of 2013.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.527 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Matter will be heard analogously with connected WPMS No.81 of 2013.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.153 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Matter will be heard analogously with connected WPMS No.81 of 2013.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.98 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Matter will be heard analogously with connected WPMS No.81 of 2013.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.2703 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Matter will be heard analogously with connected WPMS No.81 of 2013.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.81 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Matter will be heard analogously with connected matters.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.331 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. K.N. Joshi, Advocate present for the petitioner.
Mr. Devesh Ghildiyal, Brief Holder for the State of Uttarakhand.
Mrs. Mamta Bisht, Advocate present for the respondent No.2.
Counter affidavit filed in the Court on behalf of respondent No.2 is taken on record.
Let affidavit of rejoinder be filed within three weeks from the date.
Liberty to mention for enlistment of the matter for hearing after filing of rejoinder affidavit.
Matter will be heard analogously with connected matters.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.70 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. Jayvardhan Kandpal, Advocate present for the petitioner.
Mr. Devesh Ghildiyal, Brief Holder for the State of Uttarakhand.
Mrs. Mamta Bisht, Advocate present for the respondent No.2.
Counter affidavit filed in the Court on behalf of respondent No.2 is taken on record.
Let affidavit of rejoinder be filed within three weeks from the date.
Liberty to mention for enlistment of the matter for hearing after filing of rejoinder affidavit.
Matter will be heard analogously with connected matters.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.1813 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No. 13862 of 2012Despite revised call, none appears on behalf of petitioners to press the writ petition.
Mr. Deveh Ghildiyal, Brief Holder present for the State of Uttarakhand.
The writ petition is dismissed for default. Interim relief application stand disposed of accordingly.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.1315 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Due to non-availability of the learned lawyer for the petitioner, the matter is discharged from the Board.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.2189 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
I.A. No.944 of 2013Mr. Niranjan Bhatt, Advocate holding the brief of Mr. Neeraj Garg, Advocate present for the petitioner.
Mr. N.K. Papnoi, Advocate holding the brief of Mr. M.C. Pant, Advocate present for the respondent.
Time to file counter affidavit is extended for a period of three weeks from the date. The affidavit of rejoinder may be filed within two weeks thereafter.
Liberty to mention for enlistment of the matter for hearing after completion of filing of affidavits.
Urgency application is disposed of without passing any order.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPSS No.375 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. S.K. Posti, Advocate present for the petitioner.
Mr. Devesh Ghilidyal, Brief Holder present for the State of Uttarakhand.
Matter is adjourned for 15.05.2013.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPSS No.740 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. G.D. Joshi, Advocate present for the petitioner.
Mr. Niranjan Bhatt, Advocate holding the brief of Mr. Vinay Kumar, Advocate present for the respondents.
Time to file counter affidavit is extended for a period of three weeks from the date, failing which respondens will be de-barred from filing counter affidavit and the matter will be heard out in absence of counter affidavit. If counter affidavit is filed, the affidavit of rejoinder may be filed within three weeks thereafter.
Liberty to mention given for enlistment of the matter for hearing after completion of filing of affidavits.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.2701 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. Tarun P.S. Takul, Advocate present for the petitioner.
Mr. Devesh Ghilidyal, Brief Holder present for the State of Uttarakhand/respondent Nos. 1 to 3.
Mr. Pankaj Purohit, Advocate present for the respondent Nos. 4 & 5.
Admit the petition for the hearing. Let counter affidavit be filed within three weeks from the date. Affidavit of rejoinder be filed within two weeks thereafter.
Liberty to mention is given for enlistment of the matter for hearing after completion of filing of affidavits.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.1789 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. M.S. Pal, Senior Advocate assisted by Mr. T.P.S. Takuli, Advocate Advocate present for the petitioner.
Mr. Davesh Ghildiyal, Brief Holder for the State of Uttarakhand.
I have heard learned Counsel for the parties. I dispose of the writ petition directing respondent No.2 i.e. Director, School Education, Uttarakhand, Dehradun to treat a copy of the writ petition as representation and decide the same upon hearing the petitioner. After hearing the matter, he shall pass a speaking order.
Entire exercise shall be completed within a period of eight weeks from the date of communication of this order.
Let a copy of the writ petition and certified copy of this order be forwarded to the above Officer.
Interim relief application No. 13688 of 2012 stands disposed of accordingly.
(K.J. Sengupta, J.) JKJ 29.04.2013 WPSS No.1564 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.1523 of 2013Mr. Alok Mehra, Advocate present for the petitioner.
Despite revised call, none appears to press the impleadment application.
Therefore, the impleadment application is dismissed.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.781 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. Piyush Garg, Advocate present for the petitioner.
Mr. Sharad Sharma, Senior Advocate assisted by Mr. J.S. Bisht, Advocate present for the respondent.
Let counter affidavit be filed within three weeks from the date. Affidavit of rejoinder be filed within two weeks thereafter.
Liberty to mention is given for enlistment of the matter for hearing after completion of filing of affidavits.
Interim order will continue for a period of two months from the date or until further orders of this Court whichever is earlier.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPSS No.1559 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. Sanjay Bhatt, Advocate present for the petitioner.
Mr. R.C. Arya, Standing Counsel for the State of Uttarakhand.
Mr. Virendra Kaparwan, Advocate present for the respondent Nos. 2 to 4.
Mr. D.S. Patni, Advocate present for respondent Nos. 5 & 6.
Having heard learned Counsel for the parties. I dispose of the writ petition directing respondent No.2 to send all necessary papers relating to the service of the petitioner to respondent No.5. Such papers must be sent within a period of two weeks from the date of receipt of the copy of this order. After receipt of the copies of aforesaid papers, respondent Nos. 5 shall take steps for releasing the petitioenr's legitimate retrial dues within a period of four weeks from the date of receipt of the papers.
(K.J. Sengupta, J.) JKJ 29.04.2013 WPMS No.168 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. Kishore Kumar, Advocate present for the petitioner.
Mr. D.S. Patni, Advocacte present for the respondent Nos. 1 & 2.
It is submitted by learned counsel for the respondent Nos. 1 & 2 that the Division Bench of this Court has granted stay order in the matter observing that the writ court, by necessary implication, should not decide the serious disputed question of fact.
I am told that against order of Division Bench of this Court, party concerned has approached Hon'ble Supreme Court. The matter is pending before Hon'ble Suprme Court.
Therefore, the matter to go out from the list. Liberty to mention for enlistment of the matter for hearing after disposal of the matter pending before the Hon'ble Supreme Court.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.85 of 2009 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.7027 of 2010Mr. Anil Kumar Joshi, Advocate present for the petitioner.
Mr. R.C. Arya, Standing Counsel present for the State of Uttarakhand.
Time to file rejoinder affidvit is extended for two weeks from the date, failing which the petitioner will be de-barred from filing rejoinder affidavit and the matter will be heard out without rejoinder affidavit.
Liberty is given for enlistment of the matter for hearing after filing of rejoinder affidavit.
None appears on behalf of respondent to press the Misc. application.
Therefore, Misc. application is dismissed.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.756 of 2008 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.5616 of 2010Mr. Anil Kumar Joshi, Advocate present for the petitioner.
Ms. Vijay Laxmi, Brief Holder present for respondent No.5.
Time to file rejoinder affidvit is extended for two weeks from the date, failing which the petitioner will be de-barred from filing rejoinder affidavit and the matter will be heard out without rejoinder affidavit.
Liberty is given for enlistment of the matter for hearing after filing of rejoinder affidavit.
Interim order vacation application is disposed of without passing any order.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.1660 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.8162 of 2012 CLMA No.3761 of 2013Mr. Anil Kumar Joshi, Advocate holding the brief of Mr. Mohd. Safdar, Advocate present for the petitioner.
Mr. R.C. Arya, Standing Counsel present for the State of Uttarakhand.
Delay condonation application filed on behalf of State of Uttarakhand for taking counter affidavit on record is allowed. The same is taken on record.
Let rejoinder affdaivit be filed within two weeks from the date.
Liberty to mention for enlistment of the matter for hearing after filing of rejoinder affidavit.
Interim relief application is disposed of without passing any order.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.2519 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.12998 of 2012 CLMA No.3760 of 2013Mr. Rakesh Thapliyal, Advocate present for the petitioner.
Mr. R.C. Arya, Standing Counsel present for the State of Uttarakhand.
Mr. Rahul Consul, Advocate present for the respondent No.3.
Delay condonation application filed on behalf of respondent Nos. 1 & 2 for taking counter affidavit on record is allowed. The same is taken on record.
Time to file counter affidavit by respondent No.3 is extended for two weeks from the date.
Composite rejoinder affdaivit be filed within three weeks thereafter.
Liberty to mention for enlistment of the matter for hearing after completion of filing of affidavits.
Interim relief application is disposed of without passing any order.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.118 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.428 of 2013 IA No.897 of 2013 IA No.1702 of 2013Mr. Arvind Vashisth, Advocate present for the petitioner.
Misc. application for taking supplementary affidavit on record is allowed. The same is taken on record.
Misc. application to accept rejoinder affidavit is allowed.
Stay application is disposed of without passing any order.
Matter to appear one week hence.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.327 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Matter is adjourned for one week as prayed by Mr. Arvind Vashisth, learned counsel for the petitioner.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.481 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.3749 of 2013Mr. Pramod Tiwari, Advocate holding the brief of Mr. Rajendra Singh, Advocate present for the petitioner.
Mrs. Beena Pandey, Standing Counsel present for State of U.P. Counter affidavit filed on behalf of respondent Nos. 1 to is taken on record.
Stay vacation application is not allowed. Let rejoinder affidavit be filed within three weeks from the date.
Liberty is given for enlistment of the matter for hearing after filing of rejoinder affidavit.
Interim order will continue for a period of two months from the date or until further orders of this Court whichever is earlier.
(K.J. Sengupta, J.) 29.04.2013 JKJ WPMS No.2655 of 2012 Hon'ble Kalyan Jyoti Sengupta, J. Modification application No.3658 of 2013 Mr. Kuldeep S. Rawal, Advocate present for the petitioner.
Mr. Tapan Singh, Advocate present for the respondent.
Let unofficial English translation of papers enclosed with the modification application be prepared by the learned counsel for both the parties and placed before this Court.
Matter is adjourned for two weeks.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.119 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.441 of 2013 CLMA No.3713 of 2013Mr. Tapan Singh, Advocate present for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. present for the State of Uttarakhand.
Delay condonation application for taking counter affidavit on record is allowed. The same is taken on record.
Let rejoinder affidavit be filed within three weeks from the date.
Liberty is given for enlistment of the matter for hearing after filing of rejoinder affidavit.
Stay application is disposed of without passing any order.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.228 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.3712 of 2013Mr. Ramji Srivastava, Advocate present for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. present for the State of Uttarakhand.
Delay condonation application for taking counter affidavit on record is allowed. The same is taken on record.
Let rejoinder affidavit be filed within three weeks from the date.
Liberty is given for enlistment of the matter for hearing after filing of rejoinder affidavit.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.313 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
IA No.1676 of 2013Mr. Amar Shukla, Advocate holding the brief of Mr. Neeraj Garg, Advocate present for the petitioner.
Mr. T.C. Pandey, Advocate present for the respondent.
Misc. application for taking counter affidavit on record is allowed. The same is taken on record.
Let rejoinder affidavit be filed within three weeks from the date.
Liberty is given for enlistment of the matter for hearing after filing of rejoinder affidavit.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.313 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
IA No.1676 of 2013Mr. Amar Shukla, Advocate holding the brief of Mr. Neeraj Garg, Advocate present for the petitioner.
Mr. T.C. Pandey, Advocate present for the respondent.
Misc. application for taking counter affidavit on record is allowed. The same is taken on record.
Let rejoinder affidavit be filed within three weeks from the date.
Liberty is given for enlistment of the matter for hearing after filing of rejoinder affidavit.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.350 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.3714 of 2013Mr. Tapan Singh, Advocate holding the brief of Mr. Lok Pal Singh, Advocate present for the petitioner.
Mr. Rahul Consul, Advocate present for the respondents.
Mr. Ramji Srivastava, Advocate present for the intervener.
I have heard learned counsel for the parties. I am of the view that applicant is neither necessary party nor interested party in the matter. He has submitted a complaint to the authority and the authoirty will take action pursuant to the complaint. The duty of complaintant is over, once his complaint is taken into cognizance, so he is not required to be made a party.
Therefore, the application is dismissed.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.1216 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.9138 of 2012 IA No.1674 of 2013Mr. Amar Shukla, Advocate present for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. present for the State of Uttarakhand.
Mr. B.D. Kandpal, Advocate present for the respondent No.2.
Counter affidvit filed on behalf of respondent No.2 in the Court today is taken on record.
Let rejoinder affidavit be filed within two weeks from the date.
Urgency application is disposed of by the above order.
Liberty is given for enlistment of the matter for hearing after filing of rejoinder affidavit.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.1275 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.9571 of 2012 CLMA No.3652 of 2013Mr. Alok Mahra, Advocate present for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. present for the State of Uttarakhand.
Delay condonation application for taking counter affidavit is allowed. The same is taken on record.
Matter will appear under the heading of "Final hearing".
Stay application is disposed of without passing any order.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.1244 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.14018 of 2012 CLMA No.3631 of 2013Mr. Alok Mahra, Advocate present for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. present for the State of Uttarakhand.
Both delay condonation applications are allowed. Counter affidavit and rejoinder affidavit are taken on record.
Matter will appear under the heading of "Final hearing".
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.1574 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.11887 of 2012 IA No.1673 of 2013Mr. Amar Shukla, Advocate present for the petitioner.
Ms. Menka Tripathi, Standing Counsel present for the State of Uttarakhand.
Pleadings have been exchanged. Matter will appear three weeks hence. Urgency application is disposed of accordingly. Stay application is disposed of without passing any order.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.1850 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.14127 of 2012 CLMA No.3644 of 2013Mr. Arvind Vashisth, Advocate present for the petitioner.
Ms. Menka Tripathi, Standing Counsel present for the State of Uttarakhand.
Delay condonation application for taking counter affidavit on record is allowed. The same is taken on record.
Let rejoinder affidavit be filed within two weeks from the date.
Liberty is given for enlistment of the matter for hearing after completion of filing of affidavits.
No order is passed on the Stay application. The same is disposed of accordingly.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.137 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.1055 of 2013 CLMA No.3640 of 2013Mr. S.S. Chaudhary, Advocate holding the brief of Mr. K.N. Joshi, Advocate present for the petitioner.
Ms. Menka Tripathi, Standing Counsel present for the State of Uttarakhand.
Delay condonation application for taking counter affidavit on record is allowed. The same is taken on record.
No order is passed on the Stay application. The same is disposed of accordingly.
Let rejoinder affidavit be filed within two weeks from the date.
Liberty is given for enlistment of the matter for hearing after completion of filing of affidavits.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.335 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.3068 of 2013 CLAM No.3673 of 2013Mr. Mangal Singh Chauhan, Advocate present for the petitioner.
Ms. Menka Tripathi, Standing Counsel present for the State of Uttarakhand.
Misc. application for taking supplementary affidavit on record is allowed. The same is taken on record.
Stay application is disposed of without passing any order.
Let composite counter affidavit be filed within three weeks from the date. Affidavit of rejoinder be filed within two weeks thereafter.
Liberty is given for enlistment of the matter for hearing after completion of filing of affidavits.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.980 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.5013 of 2013 CLAM No.9094 of 2012 IA No.1685 of 2013Mr. Ramji Srivastava, Advocate present for the petitioner.
None appeared on behalf of intervener. c Misc. application for taking objection on record is allowed. The same is taken on record.
Interim relief application is disposed of without passing any further order.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.243 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
IA No.1681 of 2013Despite revised call, none appears to press the Urgency application.
Therefore, the Urgency application is dismissed.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.543 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.2611 of 2012Mr. Arvind Kumar Sharma, Advocate present for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. present for the State of Uttarakhand.
Admit the petition for hearing. Affidavits have been exchanged. Matter will appear for hearing in the list three weeks hence.
Stay application is disposed of without passing any further order.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.1305 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.9769 of 2012Mr. Navin Tewari, Advocate present for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. present for the State of Uttarakhand.
Mr. Bhupendra Singh Bisht, Advocate holding the brief of Mr. D.S. Patni, Advocate present for respondent Nos.4,6,7,8,9 & 10.
In this matter, the petitioner has challenged selection list after having participated in the selection process. No interim order has been passed in this matter. By this time, appointment must have been given by accepting the selection list.
Therefore, I am of the view that the matter has now become infructuous and the same is dismissed.
Interim relief application stands disposed of.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.386 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
IA No.996 of 13Mr. Sharad Sharma, Senior Advocate assisted by Mr. Vandana Singh, Advocate present for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. present for the State of Uttarakhand.
Time to file counter affidavit is extended for two weeks from the date, fc Urgency application is disposed without passing any further order.
Interim order will continue for a period of twelve weeks from the date or until further orders of this Court whichever is earlier.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.671 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.5011 of 12 CLMA No.13777 of 12Mr. Pradeep Joshi, Advocate present for the petitioner.
Ms. Menka Tripathi, Standing Counsel present for the State of Uttarakhand.
Misc. application for taking rejoinder affidavit on record is allowed. The same is taken on record.
Stay application is disposed of without passing any further order.
Matter will appear for hearing in the list three weeks hence.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.919 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.7417 of 2012 IA No.990 of 13Mr. Alok Mehra, Advocate present for the petitioners.
Ms. Menka Tripathi, Standing Counsel present for the State of Uttarakhand.
Let rejoinder affidavit be filed within two weeks from the date.
Liberty to mention for enlistment of the matter for hearing after filing of rejoinder affidavit.
Interim relief application is disposed of without passing any further order.
Urgency application is disposed of accordingly.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPSS No.1831 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
CLMA No.13957 of 2012 CLMA No.1498 of 13Mr. N.K. Papnoi, Advocate holding the brief of Mr. M.C. Pant, Advocate present for the petitioner.
Ms. Menka Tripathi, Standing Counsel present for the State of Uttarakhand.
Time to file counter affidavit is extended three weeks from the date, failing which the State- respondent will be de-barred from filing any counter affidavit. If counter affidavit is filed, affidavit of rejoinder may be filed within two weeks thereafter.
Time extension application is disposed of accordingly.
Interim relief application is disposed of without passing any order.
(K.J. Sengupta, J.) 27.04.2013 JKJ WPMS No.726 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. Sharad Sharma, Senior Advocate assisted by Ms. Vandana Singh, Advocate present for the petitioner.
Mr. Vikas Bahuguna, Advocate holding the brief of Mr. Siddhartha Singh, Advocate present for the respondent.
Application for taking Counter affidavit on record is allowed. The same is taken on record.
A hyper-technical objection is taken to maintain the writ petition. Petitioner before me is the plaintiff who filed a suit for cancellation of sale deed executed by her husband in favour of the original defendant No.1 who died leaving behind Will. On his death, the petitioner took steps for substitution and beneficiaries in the Will were brought on record in place of deceased defendant. Defendant No.1 left behind this Will without appointing any executor, however, had given benefits to a number of persons. After substitution is made, these beneficiaries took steps for amendment of the body of the counter claim originally filed. It is contended that these persons did not take steps for substitution in the counter claim, hence amendment of counter claim can not be allowed as counter claim is treated to be a separate suit for all purposes.
I am of the view that counter claim is treated as separate suit for all purpose when suit is discontinued as it is clear from the provision of Order VIII Rule 6D of C.P.C. which is set out hereunder:-
"6D. Effect of discontinunace of suit- If in any case in which the defendant sets up a counter-claim, the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with."
In the counter claim no separate cause title is given as it is done in separate or cross suit. In this case, cause title in the plaint has been amended by substitution; hence further amendment of cause title is not required. Cause title in the plaint is the cause title of counter claim. I clarify that the order of substitution in the plaint is suffice for this purpose. Order VIII Rule 6-A sub rule (4) reliance of which is placed by the learned lawyer for the petitioner has to be applied only for purpose of adjudging counter claim not for any other purpose.
Therefore, I find no merit in this matter and the same is dismissed.
(K.J. Sengupta, J.) JKJ 26.04.2013 WPMS No.754 of 2013 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. Sharad Sharma, Senior Advocate assisted by Ms. Vandana Singh, Advocate present for the petitioners.
Mr. Paresh Tripathi, Addl. C.S.C. present for the State of Uttarakhand.
Misc. application for taking Counter affidavit on record is allowed. The same is taken on record. Learned counsel for the petitioner submits that he does not want to file rejoinder affidavit. He is ready to argue the matter today itself. He is allowed to do so.
In this matter, the petitioner's application for addition of parties during pendency of the suit has been rejected.
The brief fact of the case is that plaintiff has preferred an appeal against the order of consolidation and there was an interim order restraining the parties from transferring and alienating any part of the properties. In violation of the order of injunction, some portion of the property has been sold to third party. Therefore, the petitioner before me has also filed a contempt petition. The contempt petition is pending and petitioner also filed application for addition of transferee. This application is dismissed.
Learned counsel for the petitioner submits that in order to avoid multiplicity of judicial proceedings, the aforesaid transferee should be added as party respondent for complete justice.
Learned counsel for the respondent on the other hand says that this is dilatory tactics of the petitioner as the matter is pending for long time. He further submits that no addition of transferee is required as Section 52 of Transfer of Property Act, 1882 is sufficient protection.
In support of his contention, he has placed reliance on a judgment of learned Single Judge of this Court reported in 2010 (2) U.D. 234 rendered in the Case of Rajeev Berry Vs. Addl. District Judge and others. The above judgment in my view has really supported that addition of transferee pendente lite is required as is evident from paragraph 14 itself.
In my view, even the fact and circumstance, reported judgment is completely different from the present one. According to me, provision of Section 52 of the said Act provides restrictions to sale of the property which is subject matter of the suit. This affords ground for cancellation of such sale. The provision of Section 52 of the Act does not provide that no addition of transferee pendente lite is required. In this circumstance, I am of opinion that adhereing to principle of natural justice decision on the question of legality and validity of sale pendente lite, shall be taken in presence of transferee. In the event, transferee pendente lite is not brought on record, he will go on transferring further as he is not bound by prohibitory order. Moreover, this transferee will have chance to put his defence of bonfide transfer for value without notice.
Therefore, I allow the petition and I direct appellate authority to add transferee pendente lite in the party as respondent. Accordingly, petitioner shall take steps pursuant to this order effecting addition before Appellate Court. Matter is quite old one. Therefore, I direct Appellate authority to hear out the appeal within a period of two months from the date of communication of this order.
(K.J. Sengupta, J.) JKJ 26.04.2013 WPMS No.1911 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. D.S. Patni, Advocate present for the petitioner.
Ms. Puja Banga, Brief Holder present for the State of Uttarakhand.
Mr. Pankaj Negi, Advocate holding the brief of Mr. N.S. Negi, Advocate present for the respondent No.3.
This writ petition has assailed the tender notice only on the point that clause regarding experience in working of the contractor in this field is contrary to the policy decision of Government for inviting tender. It is specifically mentioned that past three years experience must be having for participating in tender process for supplying of Food articles in Government Hospital/ Nursing Colleges/Medical Colleges/ Reputed institutions. Instead of this, in the present tender notice, it has been mentioned minimum one year's experience which is contrary to the norms and policy.
In the counter affidavit, nowhere, it is stated that State has relaxed above norms.
I accept the submission of the learned counsel for the petitioner that tender is contrary to the norms and guidelines laid down by the Government to the extend as above. Therefore, I set aside the advertisement and the petition is allowed.
Respondent-State is directed to issue fresh tender, if so advised, in accordance with norms as laid down by the Government. It is open for the Government to change the terms and conditions and without such change or relaxing norms, no advertisement can be issued. Temporary adhoc arrangement shall not be more than one month. Fresh tender shall be concluded within a period of one month from the date of communication of this order.
(K.J. Sengupta, J.) 26.04.2013 JKJ WPMS No.1169 of 2012 Hon'ble Kalyan Jyoti Sengupta, J.
Mr. Davesh Bishnoi, Advocate present for the petitioner.
Mr. Sarvesh Agarwal, Advocate with Mr. Bharat Agarwal, Advocate present for the respondents.
Let unofficial English translation of two impugned judgment and orders be prepared by the learned counsel for both the parties and placed before this Court.
Matter is adjourned for two weeks.
(K.J. Sengupta, J.) 26.04.2013 JKJ Peremptorily