Indian Judges review: Corruption! 10

Kind Attention
To,
The Incharge of the Department,
Sir/Madam,

A case was filed by me In the court of LD. C.J.M. At Barasat, Date: 13.04.2010 U/S- 156(3) of criminal Procedure code charge U/S: 323, 379, 406, 479, 498, 500, 506 READ WITH 34/120B OF INDIAN PENAL CODE. The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010.

The I.O. At Baguiati Police Station of the case has already been charge sheeted according the names. The I.O. At Baguiati Police Station accused all miscreants in the charge sheeted but neither took any measures to round up them rather they paved enough (more then 2.5 months) time which make them the way to take bail.

Anyhow Application under Section 438 CrPC Among the accused person Shankar Kumar Samanta (S.B.I. Officer) and his son Sandip Samanta has been granted bail by the Ho’ble Calcutta High Court.

But it is painful to state before you the prime accused “Beauty Adhikari” and others accused were shown in the charge seeted “AS ABSCONDING”

Please note that the prime accused “Beauty Adhikari” others are large and they are available in there house, each and every time.

I therefore prey before your kind honoue to Make arrangements to arrest the prime accused “Beauty Adhikari” and others as they were shown in the charge sheeted “As prime accused ABSCONDING” Prime accused “Beauty Adhikari” and others are large and they are showing in there house, each and every time. I informed this matter to Sri Rahul Srivastava, IPS Officer. The Superintendent of Police. Barasat. And S.M.H. Meerza, Addl. Superintendent of Police. Barasat. North 24 Parganas. Barasat.

Your prompt action shall be highly appreciated and deserves to be lauded. Which can save me and my family members (My old aged father, Mother and my only solitary daughter 5 years)

Details

100% now I believe that if you have money then you can get anything, every thing is possible by you. If you are a poor then you can’t get anything, every thing is far and beyond possible to you, also you get poor judgment and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I went to Police Station more than 100 times, made 5times entries (complaints) into G.D. but Not even a microscopic actions took place against the alleged bodies. On the contrary Sandip Samanta, S/O. Shankar Kumar Samanta (S.B.I. OFFICER Ph. No. [protected], Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 [protected]) he has much more and enough money so they purchase all police personnel’s and some political leaders, some Dada. Etc. Only I used to get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless, toothless and only simply a solace to the poor. What an undone boy I am! Woe is to me! My wife and her family, Shankar Kumar Samanta and his family harassed me and my family, they are torcher me physically and mentally (Mr. Shankar Kumar Samanta Kill me and my family any time any day).

We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family (Including Shankar Kumar Samanta (S.B.I. Officer) and his son Sandip Samanta )lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. [protected], Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 [protected]) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only five years old) who is now in my house having severe asthma supported by inhaler. My wife filed the 498A case dated 31/08/2009 and I was arrested on 06/09/2009, how much money Taken Baguiati police form my father and others for 498A/34 I.P.C., fabricated Charge Sheeted, I don’t know, because then I’m in Jail. The Ld. court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Adult picture with the boy and a c.d.) with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst status. My wife, her family and (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 3 years old (Now 5 years) having severe “Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me and my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother (severe Diabetic). My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, J.M. 1st Court Sealdah, 1st Floor. Room No: 103, Kolkata-700014. South 24 Parganas. Date 16/12/2009. Mr. Shankar Kumar Samanta purchase Sealdah Court 1st J.M. I get only date and date and date...I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry, investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that “Justice for the rich and Injustice is for the poor” A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to involve in any type of excellent deeds” To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters.

After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF” then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them.

Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (The payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case (The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010. CHARGE 323, 379, 406, 497, 498, 500, 504, 506 READ WITH 34/120B OF INDIAN PENAL CODE) the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take investigation/ not take any action/not take any type of query nor he did roundup them against my case.

When I saw that already near by 90-100 days went by “ I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you.

As I’m 100 percent innocent so I screw up my courage to place my grievances to every body in order to get redress. So I want to let my matter informed all the Indian and others. I wrote my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, DGP Bhupindar Singh, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India 20th times write ((My Request/Grievance Registration Number is: PRSEC/E/2009/12581, PRSEC/E/2010/01100, PRSEC/E/2010/03797, PRSEC/E/2010/08720, PRSEC/E/2010/06692, PRSEC/E/2010/12464, PRSEC/E/2010/17088, PRSEC/E/2011/00423, PRSEC/E/2011/02405, PRSEC/E/2011/03705……AND OTHER NUMBER I MISPLACE). P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B. informed Kolkata Commissioner of Police, Manager S.B.I.-Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 [protected]. My nation, all of the news channels, and all press, The Central Vigilance Commission, Talking with some NGO’s: 1. Universal Right and Duty for Human to Abide URDHA, 2. Human Right Commission’s Mr. Ujjal Paul and Mr. Shibaji Dasgupta. 3. Bhatat Bachao Sangathan BBS. 4. Forum for Social Justice and Development FSJD. 5. Ajjtak News Channel’s Miss Menogya. and many more, (anybody can’t help me/ fight for truth /don’t take investigation/do not take any action/don’t take any type of query/ Still Now, many department told does not comes under the purview of our department. Then my question is where I go now? I see they all are in sound asleep. The reason is best known to them. I think all are get there commission/percentage from Mr. Shankar Kumar Samanta.

I hope you would care to me, your prompt action shall be highly appreciated and deserves to be lauded.

With kindest regards,

Dipak Kumar Adhikari

Tegharia(Dhali Para), NandanKanan. P.S.: Baguiati.

P.O.: Hatiara. Dist.: North24Parganas.

Kolkata-700059 Email: dipakadhikari59@gmail.com W.B. India. PH. [protected]

I was in mess because of Bank and builder, lost around 4.5L. Bank is bank of India KG Road bangalore and builder is Purvankara so filed a consumer case, instead of asking Bank to return the processing fee and compensation, also instead of asking builder why he didn't cooperate about the changes asked by Bank. Judge penalized us and asked us to pay rs. 30k, state court didn't allow us to admit the case it clearly indicate either our judges are not qualified or corrupt, SO I WOULD SAY JAGO GRAHAK JAGO, so not fight against corruption shoot the corrupt
write complete story here
http://www.deccanchronicle.com/bengaluru/bank-builder-row-proves-costly-techie-727

“Making a difference”- sounds heavy and impressing in local scenario of “criminalitics”, locally known as politics.

While “hats off” to those who makes the difference amongst all odds, may I add my impression about the local scenario where I as a NRI from civilized democratic country wanted to make a difference and that difference has cost me jail term fighting lengthy court cases besides my hard earned monetary losses.

(a) Why all are not equal before the eyes of the law as per Constitution of Independent India? As is in civilized democratic country?
All the local glorified titled public servants in disguise of criminals are protected by this sanctions, that sanctions one recent example of telecom scam.

(b) Criminals in disguise of local glorified titled public servants from Panchyat level to New Delhi everybody is protected by one way or the other.
(c) People do not get medical treatment, get murdered openly, looted openly, no educational guarantee, no guarantee of survival. Even if there are any it is so shrouded with web of “criminalitics”.

(d) How dare the public servants extort the people with immunity, give
run around, and why there are no “hire and fire” system in the public service as I had found in civilized democratic country.

AND THE LIST OF MISERY AND SUFFERINGS FOR THE COMMON PEOPLE IS ENDLESS.

If you’ve not read, may I suggest you to read a book “Kaurav Sabha” published by Bharatiya Jnanpith which is available in all public libraries in all democratic civilized countries, and I had read this book. And, to me, this is just a crust of the endless story of Government of Corruption.

INJUSTICES IN NAME OF JUSTICE IN INDIA, AND A FARCE OF RIGHTS TO INFORMATION ACT?
INJUSTICES IN NAME OF JUSTICE IN INDIA, AND A FARCE OF RIGH TO INFORMATION ACT?
FRIDAY, OCTOBER 16, 2009
Inustices in India in name of Justice? Rights to information Act of India ?

www.youtube.com/user/TheAurovindo
Kolkata, Apr.11 (ANI): Country's oldest pending case regarding the royal estate of the earstwhile ruler Raja Raj Kishor Deb lodged in 1833 is yet to reopen in the Kolkata High Court. The case, which was filed even before the Calcutta High Court was set up 144 years ago, is still pending before the court with no sign of early disposal. A tax of one rupee per day is still being collected by the State government for the property.
May01, 2009
Hon’ble Chief Justice, Supreme Court of India, (now, K.G. Balakrishnan)

Supreme Court of India,
New Delhi, India

Questionable judgement by Justice Ashim Kumar Banerjee, J and justice Tapas Kumar Giri .J in Kolkata High Court Writ (MAT No. 3140 of 2003 and Appeal FMA No.1040 of 2007.
THE FULL BENCH OF THE DELHI HIGH COURT on January 12, 2010, RULED THAT I, QUOTE, "THE SOURCE OF THE RIGHT TO INFORMATION DOES NOT EMANATE FROM RTI, IT IS A RIGHT THAT EMERGES FROM CONSTITUTIONAL GUARANTEES UNDER ARTICLE 199(a)(a)(RIGHT TO FREEDOM OF SPEECH AND EXPRESSION)AS HELD BY THE Supreme Court of (of India) in a catena of decisions..."
Dear Hon’ble Mr Chief Justice: (now, Hon'ble Chief Justice K. G. Balakrishnan)

Sub: Indian judiciary and their associates particularly in this case Kolkata High Court have they got vested interest not to pass judgment in above writ (if it is of any value) compelling me to spend umpteen millions through the process, which I don't have nor can I afford to approach to you through the legal system of India and I can not access the SCBA through electronic media and who knows like the system in India they care to attend to my written request sent through India postage.

Your Honor:

I am a NRI of more than 70 years old. Having aspired to set up an industry in West Bengal in 1982 I was jailed, tortured, and what not.

Since Indian system does not maintain a IT based data bank everything needs to be proven with paper, which you’re more than aware of can be fabricated for few rupees and or influence.

Kindly help me by taking suo motto actions:

Asking for kind action for the sake of humanity..

1. When no local glorified titled public servant took any remedial measures and not even had the courtesy of replying my letters, I filed a writ MAT NO. 3140 in 2003 and without going through the contents of the Writ filed under 226 of the Constirution of India, the writ was disposed of by Justice PInaki Chandra Ghose without showing any valid reason/s.Appeal W.P. 8826(W) of 2003 was disposed of by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri and the matter was referred to local public servant, District Magistrate and handed over to me on 20/8/2007. In my writ it was irrefutably proven that the Kalyani Municipality violated the provisions of IPC and whereas the local police politely indicated their helplessness in the matter, the lower court took remedial measures, the way it should be. I'm quite aware of the realities in West Bengal and also aware of the law that judges(in line with the practiced unaccountability in Administarion) are not legally liable for accountability.

2. Judgement in my opnion, should be clear and explicit like in many civilzed countries and the aggrieved individual by the the State Administration (in civilized countries in my experience hardly any, but if there are) always are looked after by the justices. Why the matter was referred to District Magistrate when in the first place as substantiated and irrefutably proven in my writ that no local glorified titled public servant, DM, SDO, Transportation Department, Environmental Protection, etc., did give a damn about my complaints which was also published in the daily English News paper from Kolkata. DM, Nadia informally intimated that he can do nothing about it.

3. To my experience and to the experience of Millions of the world, Indian public service hardly provide any service to the public, excepting the Indian VIPs and their stooges.

Asking for kind action for the sake of humanity..

4. So, nothing had happened. Criminal activities/illegality, as irrefutably substantiated in my above writ along with video photography (sent to the Chief Justice Hon'ble Nijjar by registered post) as it appears to the world is imbibed in local society and continues unabated. Indian press is full of it and it transpires to all, that the definition of democracy in India, as I have read in the press, including the statements of Supreme Court of India benches transpires to quote " for the criminals, by the criminals of the crimin..."(?)

5. You are quite aware of the judiciary system of the civilized world and their effectiveness.
6. Your Honor, I’ve not seen or heard that in civilized countries where there are no VIPs and what not as in India, Supreme Court of a country hears bail petitions as is done here. Nor does Supreme Court of High Court of a country entertain every petition from the proven/unproven criminals.

7. But, as witnessed by me in civilized world, higher/highest court of the country establishes the right of the common man.
8. As per laws of India, as I know, the existence of right is thus the foundation of a petition under Article 226 State or Orissa v Ram Chandra Dev, AIR 1964 SC 685, and for years rights of the residents of Kalyani have been violated with impunity. And as irrefutably proven in my above writ there are (exception I found one) no glorified titled public servants dare remedy the situation.

9. As stated to be local legal professionals (as they claim and have sucked millions from me), the next course open to me trying to get justice by the Inldian System is to file a contempt case and then proceed to Supreme Court. I am afraid, to my opinion based on the civilized democratic system enough is enough, and I don't have unaccounted assets like most locals to get it to the Supreme court of India to feed the local system.
Asking for kind action for the sake of humanity..

10. In the above judgment as in item 1, the judges of Kolkata High Court stated that, quote, "The municipality, however had changed their (can they! This was known to be Kalyani Notified Area Authority with a MASTER PLAN based on which land and public transport route was earmarked for each specific purpose and land was alloted) accordingly policy and was trying to allow commercial activities to be carried out near his residence" . This is just one point of the writ which the judges have rightlfully (wrongfully and perhaps intentionally) partially observed disposing the application without costs and evading the following points of the writ: (partially for the fact, I never mentioned near my residence, rather the whole Municipality of Kalyani).

In this context, may I politely mention that the Delhi High Court and Supreme Court of India got rid of immovable assets of Indian glorified titled Indian public servants and that of Indian Billionaires built at New Delhi. For your kind information Kalyani Municipality earlier known as Kalyani Notified Area Authority presumably under the Act of India with a Master Plan of the Notified Area Authority and was founded by Late Doctor (Medicine) Bidhan Chandra Roy.

Points of the writ evaded by the Kolkata High Court.

Quote: “Writ: MAT 3140 of 2003, and Appeal F.M.A no. 1040 of 2007-Kolkata High Court.

a. The judgment of above writ MAT 3140 of 2003 was rejected by Justice Pinaki Ghosh was rejected and appeal F.M.A. no. 1040 of 2007 was pushed to the District Magistrate by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07.

b. Right to live in peace

Judgments did not take into consideration of the safety and peaceful living of NRI Aurovindo Choudhury as was evident on the writ petition item 3, 4, 5, 6, 7, 8, 9, 10. and did not order any protection to the applicant or compensation for the sufferings and harassment to the petitioner. No Protection was provided to the petitioner.

c. Environmental pollution and malpractices to create Environmental hazards by the Kalyani Municipality.
Item 12, 13, 14, 15, 16 are clear intentional violation of the above acts and many other criminal acts.

d. Arbitrary changing of Master Plan in line with local practice, presumably for money.

Item 17, 18 are clear examples. In this context the petitioner’s observation is that Supreme Court of India has ordered that no master plan can be changed..

Locals of India in one pretext or other in the days past, even by extortions openly committed have sucked millions from me. Your Honor I had worked for a living and don’t have any ill got money as rampant in India. I survive only on pension from Canada.
May I request you to please intervene and provide justice? Please allow me to provide a quote from Indian Law Books, quote "power under article 226 is designed to effectuate the law to enforce the rule of law and to ensure that several authorities and organs of the state act in accordance with law. Union of India v Kirloskar Pneumatic Co. Ltd., (1196) 4SCC 453: AIR 1996 SC 3285.

With humbleness I quote another quote from Indian Law Books, quote "No one should be allowed to suffer for act of court State of M.P. v M.V. Vyasaya & Co., (1997) 1 SCC 156: AIR 1997 SC 993.

Just a kind reminder from a quote of Indian Law Books, quote "Writ application is a public law remedy".

I pray to God that justice prevails in India particularly to me and I request you to be God sent messiah in this instance.

Asking for kind action for the sake of humanity..

With kindest regards and salutations,

Yours truly,
Engr. Aurovindo Choudhury, C.Eng., FIE for life, (India, Bangladesh), VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US), MCIMM, MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec with jurisdiction of all the countries of the world, a grandson of the Her Excellency Shri Shri Ma Anandamoyee.

Address: B-6/108 Central Ave., West, Kalyani 741235, WB, India.

Email: ceaurovindo@yahoo.ca

In India Tel: (033)[protected].
Attach: Copy of Judgment of the Kolkata High Coourt.
March 30, 2009
Copy not on original to: Chief Minister, West Bengal, India,

With requests: 1. either make a state case file it to the Supreme Court under article 32 of the Constitution of India. 2. As substantiated in my Writ, undo all wrong/criminal doings by the Kalyani Municipality, since the imposition of CPI(M) rules in the Municipality. 3. Or help me to fight out at the Supreme Court of India. And, 4. Initiate a CBI investigation about all unethical and illegal/criminal activities indulged by the Kalyani Municipality. Like the Governments in India, as per observation of Supreme Court ruling has lost all accountability, and judges as such enjoy the unaccountability protection by law so far. As per the local practice as known to the world, in general (exceptions are yet to be found in CPI(M) WB) judges in High Court, Kolkata can not afford to give a ruling against the West Bengal Government or Government bodies in West Bengal. Let the people suffer like the rest of scenario in WB. Regards,
Hon’ble, Chief Justice,
Kolkata High Court,
Kolkata, India.

Videographic presentation was sent to you by Registered post.

Right to information (valid and logical) and if required to reopen the case to establish the right of common men.

Dear Hon’ble Mr Chief Justice:

Sub: Indian judiciary and their associates particularly in this case Kolkata High Court is sending me in circles, as it appears to the world and to me, that justice is only for the people who can afford to spend billions in spite of heinous crimes.

Your Honor:,

I am a NRI of more than 70 years old. Having aspired to set up an industry in West Bengal in 1982 I was jailed, tortured, and what not.

Since Indian system does not maintain a IT based data bank everything needs to be proven with paper, which you’re more than aware of can be fabricated for few rupees and or influence.

Please help me in the following circular affair:

1. When no local glorified titled public servant took any remedial measures and not even had the courtesy of replying my letters, I filed a writ MAT NO. 3140 in 2003 and without going through the contents of the Writ filed under 226 of the Constirution of India, the writ was disposed of by Justice PInaki Chandra Ghose without showing any valid reason/s.Appeal W.P. 8826(W) of 2003 was disposed of by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri and the matter was referred to local public servant, District Magistrate and handed over to me on 20/8/2007.

2. Why the matter was referred to District Magistrate when in the first place as substantiated in my writ that no local glorified titled public servant, DM, SDO, Transportation Department, Environmental Protection, etc., did give a damn about my complaints which was also published in the daily English News paper from Kolkata. DM, Nadia informally intimated that he can do nothing about it.

3. To my experience and to the experience of thousands of the world Indian public service hardly provide any service to the public, excepting the Indian VIPs and their stooges.

4. So, nothing had happened. Criminal activities/illegality, as substantiated and irrefutably proven, in my above writ along with video photography as it appears to the world and to me is imbibed in local society and continues unabated.

5. You are quite aware of the judiciary system of the civilized world and their effectiveness.

6. Your Honor, I’ve not seen or heard that in civilized countries where there are no VIPs and what not as in India, Supreme Court of a country hears bail petitions as is done here. Nor does Supreme Court of High Court of a country entertain every petition from the proven/unproven criminals.

7. But, as witnessed by me in civilized world, higher/highest court of the country establishes the right of the common man.

8. The existence of right is thus the foundation of a petition under Article 226 State or Orissa v Ram Chandra Dev, AIR 1964 SC 685, and rights of the reident of Kalyani have been violated with impunity.

9. The next course opened to me for getting justice by the Indian System is to file a contempt case and then proceed to Supreme Court. I am afraid, to my opinion based on the civilized democratic system enough is enough, and I don't have unaccounted assets like most locals to get it to the Supreme court of India. I’ve to slog to earn a living and don’t have assets disproportionate to earning a very much accepted practice locally in India.

Already, locals of India have sucked millions from me in one name or the other. Your Honor I had worked for a living and don’t have any ill got money as rampant in India. I survive only on pension from Canada.
May I request you to please intervene and provide justice. Please provide information that is logical to anybody, not just "judicial independence".
Following is provided to you for your ready reference.

Quote: “Writ: MAT 3140 of 2003, and Appeal F.M.A no. 1040 of 2007
1. The judgment of above writ MAT 3140 of 2003 was rejected by Justice Pinaki Ghosh was rejected and appeal F.M.A. no. 1040 of 2007 was pushed to the District Magistrate by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07.
2. Right to live in peace
2(a) Both judgments did not take into consideration of the safety and peaceful living of NRI Aurovindo Choudhury as was evident on the writ petition item 3, 4, 5, 6, 7, 8, 9, 10. and did not order any protection to the applicant or compensation for the sufferings and harassment to the petitioner. No Protection was provided to the petitioner.

3. Environmental pollution and malpractices to create Environmental hazards by the Kalyani Municipality.
3(a) Item 12, 13, 14, 15, 16 are clear intentional violation of the above acts and many other criminal acts.

Arbitrary changing of Master Plan in line with local practice, presumably for money.
4(a) Item 17, 18 are clear examples. In this context the petitioner’s observation is that Supreme Court of India has ordered that no master plan can be changed.. (But Calcutta High Court it appears from their ruling is at liberty to do whatever they like).

Petitioner’s comments:

(a) Don’t the Judges of the High Court go through the petitions put before them for judgment?

(b) Why the same was thrown back to the District Magistrate, Nadia when District Magistrate Nadia took no remedial action as is evident in item 15 of the writ petition. In the petitioner’s view even the highest judiciary of the state are in the game of throwing ball back making endless suffering to the people.
Petitioner:
a) 70 year old NRI.

b) Appeal F.M.A. no. 1040 of 2007 was pushed to the District Magistrate by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07, the petitioner was out of the country.” And, like most public servants here the DM cut a very sorry figure. Are not the judges to give judgments/ruling or pass the buck to the other public servants, Babus in all kinds of local glorified titles
Unquote, a quote, "power under article 226 is designed to effectuate the law to enforce the rule of law and to ensure that several authorities and organs of the state act in accordance with law. Union of India v Kirloskar Pneumatic Co. Ltd., (1196) 4SCC 453: AIR 1996 SC 3285.

Another quote "No one should be allowed to suffer for act of court State of M.P. v M.V. Vyasaya & Co., (1997) 1 SCC 156: AIR 1997 SC 993. Another quote "Writ application is a public law remedy".
I pray to God that justice prevails in India particularly to me.
With kindest regards and salutations,

Yours truly,
Engr. Aurovindo Choudhury, C.Eng., FIE for life, (India, Bangladesh), VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US), MCIMM, MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec with jurisdiction of all the countries of the world, a grandson of the Her Excellency Shri Shri Ma Anandamoyee.

Email: ceaurovindo@yahoo.ca Tel: (033)[protected].

ALSO PLEASE SEE:http://india-aurovindo.blogspot.com/

IN LINE WITH USUAL LOCAL SCENARIO NOBODY SO FAR CARED TO REPLY. THAT'S ABOUT THE RIGHT TO INFORMATION ACT OF INDIA AND RIGHTS OF COMMON PEOPLE WHO ARE NOT INDIAN GLORIFIED TITLED PUBLIC SERVANTS(ELECTED/APPOINTED) COMMONLY KNOWN AS VIP, VVIPS AND GAZETTED AND WHAT NOT?
HERE IS A LETTER TO THE GOVERNOR, WEST BENGAL, INDIA. SELF EXPLANATORY
..May 26, 2009

Governor Hon'ble Gopal Krishna Gandhi,
West Bengal, India.
Mr. Chief Minister Buddhadev Bhattacharya’s “do it now”, is it development of “goon squad” supported by public servants, in West Bengal ?
1. In 1982 without realizing the realities in West Bengal, I was told by the then OC of Kalyani Police Station, “you don’t know how to please us”. My answer was you’re public servant why do I have to please you, to the contrary, it is your job to see that I am in peace. Little did I realize that peace converted to pieces? And by the grace of then still left few human beings I was let free by the then Calcutta High Court.

By this time, in addition to have a manufacturing unit started (thank God it did not see the light of the day) I had conflicted damages upon myself having built a house at Kalyani on a land allocated (not by bribes or the generally present practiced ways) land in Residential Area.

2. For the fact my advocate had been going around the Registrar/Sub-registrar’s work place and not the get my job done, (advocate's name not provided for obvious reasons) on May 26, 2009 I was dragged by my local advocate to the local Registrar’s/Sub-registrar’s office thinking that the Registrar/Sub-Registrar will have some kind of humanity in him and get the job done. I wanted to have a “Deed of Trust” registered and it was written exactly in line with the deed registered by above glorified titled clerk (in my experience as stated hereafter, to say it most dignified way). I'm told that this Registrar/Sub-Registrar's name is Abhijit Bose/Basu.

3. On introduction to myself this fellow(Registrar/Sub-Registrar) did not convey “namaskar” or salutations even found me below his dignity (to my experience, like the local glorified titled criminals don’t have any) to shake hands with me. I am only 71 years young. Let alone offering me a chair to sit down.

4. For the fact this glorified titled clerk has a guaranteed pay cheque even on my “please”, he had the audacity to state it on my face, I am not here to hear you. And he hided somewhere where my advocate was pleading with him to get the job done. I overheard telling to my advocate “you are getting paid, what am I getting”.

5. For the fact my advocate knows me for the last twenty years he kept quiet. And we both left the office.
6. In civilized countries that I opted to live for the last 40 odd years, such kind of public servants would not stick to their chair even for an hour, dismissed from the job right away, if not criminally charged.
7. Again, to my experience, although I was a public servant in era of late Dr. Bidhan Chandra Roy, I never saw such behavior of public servants in those days.
8. While, the above sub-registrar’s/registrar’s office was glittered all sounding big names and empty counters, above situation made me to do a survey and understanding of functioning of this glorified titled clerk’s office.
My findings are: he has “goon squad” loitering his work place who get the job done by extortion of which this glorified titled clerk named Registrar/Sub-registrar, takes a lion share.
9. My experience in the present and past, did not make me to waste any time to go to the local police station for the fact it will be futile exercise, for the fact most are sailing on the same boat. All Chormen, all glorified titled public servants (so called elected or appointed) what not. I had found exceptions, not these days.
Does anybody can show this glorified titled clerk Kalyani Registrat/Sub-Registrar, show the door?

Respectfully submitted on the authority vested on me by the concerned Government/s and this be treated as required, as an affidavit/FIR whatever suits to you and your administration.
Engr. Aurovindo Choudhury, C.Eng., FIE for life, (India, Bangladesh), VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US), MCIMM, MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec with jurisdiction of all the countries of the world, and a grandson of Her Holiness Shri Shri Maa Anandamoyee.
Tel: [protected] .
Email: ceaurovindo@yahoo.ca

AUROVINDO
After quiting his job with Government of India where he had to fight mostly within the organization and being uncapable of stealing, cheating, and what not, opted to quit the job and try to other parts of the world. In illusion, not knowing the realities, he went to India in 1982 to set up an industry and as well being a refugee from East Bengal to have a place to put his head into. There started the trouble. In reality, every local appeared to be a leader of "criminalitics", locally known as politics and each and everybody in the public service in West Bengal tried to extort him. Locals all local glorified titled public servants being unsuccessful in extortion effort, the applicant was jailed and finally by the grace of a the then Kolkata High court lawyer (now a hon'ble judge in Supreme Court of India) was exonerated from all the allegations. 2009 was no different. Rather worse. God help. The applicant is a vedic scholar and a Grandson of Her Holiness of Shri Shri Maa Anandamoyee.

FRAUD IN EVERY ACTIVITIES OF THE GOVERNMENT OF CORRUPTION.
To: officejsnrs@nic.in
Cc: sansad@mit.gov.in
Sent: Wed, November 17, 2010 8:51:55 PM
Subject: Fraudulent usage od BSNL/CALCUTTA TELEPHONES AND HARASSMENTS BY TH BSNL/CALCUTTA TELEPHONES.
IT'S THE SAME DECADES OLD FACTS OF LIFE IN independent INDIA AS TO HOW THE LOCAL GLORIFIED TITLED PUBLIC SERVANTS DUE TO THEIR NEGLIGENCE(WHICH OF COURSE IN LINE WITH LOCAL SCENARIOS OF SCAMS FROM PANCHYAT LEVEL TO NEW DELHI, IS NEVER ADMITTED), THAT I HAD TO SUFFER WITH ALL KINDS...OF ... WHICH THE ATTACHMENTS STATES IN SUMMARY.

THIS WAS OF MILLIONS OF RUPEES WHICH WAS SENT TO ARBITRATOR (APPOINTED BY BSNL/CALUTTA TELEPHONES A LOCAL GLORIFIED TITLED BSNL/CALCUTTA TELEPHONES EMOLOYEE) WHO DID THE CLERCAL JOB JUST IGNORING THE CONTENTS SUBMITTED TO STATE CONSUMER REDRESSAL COMMISSION, OF WHICH HE WAS SUBMITTED THE TOTAL CLAIMS WITH DOCUMENTAION.

RTI COMPLAINT NUMBER: RC/UG/[protected] OR 6 SUBMITTED ONLINE 31/10/2010.

WHO IS GOING TO COMPENSATE FOR THESE SUFFERINGS?

THANK YOU.

Engr. Aurovindo Choudhury, C.Eng., FIE for life, (India, Bangladesh), VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US), MCIMM, MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec with jurisdiction of all the countries of the world, and a grandson of Her Holiness Shri Shri Maa Anandamoyee. Tel: [protected] .
Email: ceaurovindo@yahoo.ca

FINALLY, THE SHAPE OF THE GOVERNMENT OF CORRUPTION.
IS DEMOCRACY "FOR THE CRIMINALS, BY THE CRIMINALS,
THURSDAY, SEPTEMBER 24, 2009
Is democracy "for the criminals, by the criminals, of the criminals."
http://indianjudiciary-rti.blogspot.com/
"The Statesman, March 13, 2010= Kolkata, India - INDIAN DEMOCRACY AT WORK, CORRUPTION, COERCION AND CONFUSION" BY Rajinder Puri.
O.I.G.S. (stamped on envelope meaning, On India Government Service)
Some call it “it’s a dog’s breakfast”.
1
Preface

In India, in old age, my father had no pension, had no guarantee of living like a human being.

“Freedom fighter”, fighters’ pension was refused by him. By this time by leaving a glorified titled public service in India, I had opted to live in civilized countries to prove myself and had come to see him almost every two or three years. On such a visit, I found an envelope boldly marked O.I.G.S...

Since our relations were like friends, I enquired about this letter. “find it out yourself”- was the reply. Little did I know it was a letter for offer of pension as “freedom fighter” and in line with many other Indian glorified titled papers and it was dated about four months back? “Why didn’t you sign and send it back”- I asked. He replied “we struggled for independence on principle, not for money. Whatever the foreign ruler was, they did not beat us up in lock up or in jail. They did not provide garbage as food. At least they had some humanitarian feeling”.

He also added, after all, these rulers were from a foreign country. Naturally, they would like keep themselves above the locals and in history, this is quite natural. They devised VIP, VVIP, Gazetted etc., for their own identity to keep themselves separated from the people being ruled. Look at the present India. Sons of the soil are killing each other in one name or the other. So called elected glorified titled public servants enjoy/loot the people, at the same living like “Raja” and “Maharajas” so are their stooges, all at the cost of “have nots” whereas for the rest of India have guaranteed are starvation, deprivation, anarchy, lack of security what not, and have turned poor to poorer Are these people human being- he growled. You’re my pension.

In the process the present generation of India most of whom have degenerated to self centered foot lickers of these glorified titled public servants elected and/or appointed perhaps will call my father a “mad cap”.

I respect my dad from my heart. In my teenage I had found him working on lacks of rupees of cash completely in-charge of a business operation of a devotee of Shri Shri Ma Anandamoyee.

His salary was INR90.00 per month.

Surprisingly, people with high priced cars used to visit him at the slums we used to live and touch his feet with reverence and used to enjoy the food with us, that we had lintel and gourd creepers.

Fortunately for me, as long as I was working in India with foreign oil companies there were no scope of cheating me for financial gain or otherwise, for the fact it was open expense account, and I could help the needy also. All my employers wanted work. It was best of my career in India.

Having achieved a ripe age, I’ve nothing to regret for my deeds.

What are the deprivations and consequently degeneration to criminal activities taken for granted in the shadow of so called Indian politics named as VVIP, VIP and their stooges, amass wealth definitely disproportionate to known earnings, and the rest who can’t tow the line, sufferings, torture, even life threats are daily affair, killings, are the granted conditions of billions of people of India?

Millions have given their life to achieve freedom for India. To my knowledge, most are forgotten. But, did they want this India where only glorified titled public servants elected and or appointed resort to all unscrupulous means to amass wealth even killing hundreds or thousands of their own people!

If there is something known as God, how long will he/she tolerate this unabated torture of the sons of the soil, mass, including foreign visitors?

Today my father did not have to witness the worsening situation of the society and that of the so called Government. He is gone to eternity. When in India, I find myself mentally pauper.

The way it is now, where people feel pleasure of doing damages to others,
criminals in disguise of public servants are the VIP and VVIP and what not enjoy on the fats of have nots –
“emon larak kothayo khujey pabey nako tumi, Criminaleyr swarga setaa Bharatbhumi.” I sing, meaning, you will not find a better hell than this, this is the paradise for the criminals. Some predicts this land India which had been subjected to be slave of others for centuries, will soon be once again, most likely China.
Even US President Obama in his acceptance speech of Noble Peace Prize 2009 openly talked about failed state, state organized terrorism, looting the national wealth, rampant abuse of human rights, and stated that war was imperative for greater interests of humanity.
Disclaimer: Whatever seen, suffered, torture imposed upon me and likewise millions of sons of the soil even to foreigners are written here. Any personal similarities are purely coincidental. Exceptional if any, are like my father.
-1-

Common scenario

“Raja” the Chief Minister of an Indian province in Indian terms is known as VVIP of a country number wise the biggest democracy in the world with red beacon and screaming sirens is having a ride with a chauffer driven car, escorted by tens of cars of Police forces, paramilitary forces all having automatic killing weapons. Even the personal bodyguard has automatic killing machine. And the cyclist who happened to be on the way was beaten up mercilessly by the police and left on the road.

The so called ambulance does not have any right of way and press reports indicate that these are used to carry arms of weapons for the hired goons locally called “cadres”.

Raja lives in a house at the cost of national exchequer near a forest conservatory. One pregnant jackal started howling at night and immediately a Superintendent of Police (these people head the police force in a District) shot the jackal. Little did the pregnant jackal know that Raja is living there and she will be shot on expressing her happiness? One wonders, what little good this Superintendent of Police he did for the mass of have nots?

Surprisingly, the Constitution of India says that all are equal before the eye of the law.

The so called law has been circumvented by few elected people by raising their hands in the House of Commons and these people are called VIP, VIPs and what not.

Although a local High Court in Delhi has ruled that these people are not national assets, hence such luxuries, pomp and grandeur at the cost of national exchequer must stop. But who cares?

After all, these people are VVIPS, VIPS in Indian terms, law of the land, and, in practice ruling of the court, is not applicable to these people.

People get charged for falsely by the police if opportune arises and/or if ordered by the so called VVIP, VIP and their stooges.

Incase a criminal is caught most of whom are patronized by the so called VVIP, VIP and or stooges, the police let him free on order from higher ups. Of course, there is no documentation or record for such orders. What poor policemen are going to do? After all they salute these people for reasons best known to them. Besides, criminals caught intimidate the witnesses with dire consequence if they dare tell the truth before the court of law. Police is there to protect the public servants known as VVIP, VIP and many other local glorified titled public servants. In reality, they’re not to provide protection to the common people.
“You fool don’t you realize that “Raja” and his stooges will be at the top luxurious conditions and will have assets so that next fourteen generations all at the cost of national exchequer so that they can have the same life is the accepted practice here”- somebody retorted. This is unbelievable in a democratic society. But, this is the fact of life, here in India. Who cares if some die in starvation, who cares if somebody gets killed by the so called stooges of these VIPs, VIPs, who cares if you get robbed right in front of police station/s, who cares if one gets raped? When asked by the press “Raja” answers these do happen everywhere. Accepted, but where is the law and order and justice, financial compensation for these losses. “We can’t afford” is the reply of “Raja”. But Raja and their stooges can blow away billions from national exchequer for their own ends to meet.

Who cares about accountability? Who cares about the stinks raised by the Comptroller and Auditor General?

Raja and their stooges have luxurious foreign trips in one pretext or other, be it medical ground, be it sons/daughters schooling, be it in name of foreign investments and the pretences are endless, all of course, at the cost of national exchequer.

Raja and their stooges all glorified titled public servants have endless expenses for their telephones, colonial style living, colonial style guest houses free meals and who pays for all these, the billions who gets practically nothing from the national exchequer.

Of course there are endless commissions set up, normally headed and/or members by the political parties (the fact states, hardly there are politics over here, rather “criminalitics” a word based on the reality) supposed to find the facts and most of the findings of these commissions are not law binding. Everything is national secrets, even the expenses of these Rajas and their stooges. And, very recently there had been a law “Right to freedom of Information”. Like all laws here, who cares? And, which judge in India is going to put on trial the Rajas. Most likely, he’ll not be a judge in the same court next day. And the next judge taking over the hearing will find nothing wrong and exonerate the Rajas and their stooges with honor.

And, if there are proofs that are hard to be refuted by the judge, the case will be never ending and meanwhile Rajas and stooges with all criminal charges hold public offices continue having free lunch and luxuries until the case is disposed of by the court which may take 30 years if not more. What a justice! In name of fundamental right glorified titled disguised criminals can go up to Supreme Court of the country even for getting a bail. There’s no non appeal able ruling of the court, even in case of Consumer court. Imagine the condition of a daily wage earner, can they afford to fight for injustices in stages to Supreme Court of the country! Of course, in law books it is written that these people will be provided with free legal service. As the people say, it’s not that simple. Even here, the bosses of “criminilitics” and their stooges have the final say, people tell me.

District level and or state level or even in national level what services are provided to the people is “god’s guess” but definitely all services are guaranteed to these self stled VIPs, VIPs and their stooges. This is the practice and reality in today’s India.

Even a Municipal Chairman enjoys the same luxuries and free lunch and dare sanction all kinds of illegal activities such as violating all national building codes, in violation basic principle of engineering digging up the roadside soil for the water to log for mosquito breeding, Environmental Pollution with immunity and people say, either by the orders of the higher up of practitioners of “criminalitics” and or by greasing the palms. TheAurovindo

By international pressure many new laws have been implemented by the Government of India and insiders say all on the pressure of civilized nations who grant aids and or loans to India. Among these is the centralized provident fund for all industrial workers, Human Rights, Consumer protection, Environmental Protection act, Right to Information, and so on mostly written in books to give lucrative jobs to its insiders.

Dhop Dhop Ram Fatfatwala (fictitious name) owns jute mills manned my hundreds of worker. And Mr. Fatfatwala has not deposited the fund of the workers to the Central Provident fund and consequently the central provident fund commissioner issues an arrest warrant. Rajas come in the picture and orders police not to arrest him. The jute mill was closed and Mr.Fatfatwala is out of the province to devise another scheme to loot the national exchequer and or cheating the common people. The workers die in starvation or forced to enlist themselves in the “goon squad” of the Rajas in name of politics. This scenario is taken for granted by the mass of India for the fact they have no other choice.

Excepting few tenacious and right doing and thinking people who can fight forever even in some cases 20 or 30 years and meanwhile if one is not dead by natural process and/or get killed, may be there may be some justices and/or remedies. The rest suffer in mute.

One Central Police Officer had the guts to arrest one of the Rajas of a province and put him in jail with umpteen numbers of criminal charges. Of course, for the Raja the jail was an air-conditioned government bungalow with all luxuries as enjoyed and this Raja was set free by the court on bail. Who knows what happened to criminal charges, but this provincial Raja has a cozier place in the Central Cabinet Ministry. It had been years.

Local papers state that this man is a management guru and goes to lecture to Harvard University and what not.

Once a clerk of a biscuit manufacturing company, the nincompoop son of a Raja had a desire to go into business to enlist him as industrialist a fancy name coined the local political personnel and their stooges. Nationalized banks granted him billions of local funds and god only knows what happened to those funds and what industry had been set up. This Rajputra (son of Raja) is now known to be in UK with all legalized paper to stay there.

After all, as claimed, this is biggest democracy in the world!

Hearsay is that one of the Raja had a Barrister-at-law title from UK. But the local competition is tough to gain any ground in the legal sector.
He opted to wear a torn shirt got some followers and used to move in slums claiming he is the savior of the poor. He taught his followers the slogans like “break it down, grind it down”, “it will not work”, “our demands must be met” at the same he taught to burn the buildings, transports, and what not!

And, this savior of the poor had been Raja, freeloading and luxuries for more than 50 years.

Another Raja who was dethroned manipulated to put her nearly illiterate (as I had seen, and heard, university degrees with right connections are for sale and or offered) wife as Chief Minister of the province.

These so called democratic Rajas had been reigning at least for last 60 years. And, India’s freedom had been for 60 years.

In all other democratic countries that I had lived, visited, I did not see any VIPs, VIPs and did not see anybody being escorted by Armed Police and paramilitary forces. Even a police constable can arrest anybody found breaking laws, irrespective of Ministers, Secretaries, Janitors.

After all, India is the biggest democracy in the world they claim!

Is it the biggest anarchy of the world?
-2-
How it had been going on for more than 60 years, and working so long! It's the rare exceptions that try to keep things moving.

The so called political parties (better stated in reality, criminal parties) have infiltrated in all spheres of administration having a parallel political administration with that of established machinery of public service set by British Raj. These are so called elected (some elected at gunpoint, coercion, intimidation, and what not, and other unfair means, a locally acceptable methods) parallel administration is termed as administrative reforms in disguise to provide service, even criminal (as had been reported in the press) to meet need of the every members of the party, including hiring unlicensed armed goons in name of party workers, who massacre innocent people who do not tow the line of “criminalitics”, in front of the police forces where police is a silent spectator.

After all, the way it is, Police is the stooges of Rajas and police dare not intervene. Police will extort, harass, and lay false charges who oppose the activities of Rajas and their stooges and or to people who hardly make even one time food/day.

If Rajputras (Rajas’ son) is pick-pocketed police will definitely recover the purse within an hour. It’s guaranteed. In anybody else’s case who cares?
After all, police have won the right to form union from the Rajas and like local appointed public service have guaranteed pay cheque for life, without providing safety and service to the mass.

And, this is the largest democracy of the world!

This is the scenario in every sphere of Public Service. They are there to salute the Rajas and their stooges and provide service in a flick of a moment to them even if it is criminal.

Al Capone, the criminal king of the then USA, Gestapo of Germany’s Hitler, a cobbler’s son, Nicolae Ceausescu of Romania, (by mass uprising he and his wife Elena were executed by firing squad) Saddam Hussein of Iraq, who was hanged to death, are perhaps the most nearest examples one can find equivalent to scenario in India.

The so called political parties have established network of party workers some call “goon squads” with illegal automatic killing weapons from village level to top hierarchy of the administration. These all have fancy local names with immunity to all criminal activities from the state police and only the unfortunate ones get identified by the individual exemplary Central Police.

Again, the funny thing is that Central Police can not take up any criminal investigation until and unless it is blessed by the Rajas and/or one goes through the High Court procedures and in some cases, these are objected to by the state administration of Rajas.

Again, hearsay is that Central Police is also not beyond the scope of the all unethical practices of local public service. Exceptions if any, are there but, statistically they don’t count.

All the laws of the land are meant to be ignored with immunity by the so called political workers some term them as “goon squad” who has the patronage of the law and order and of course administration.

Rajas party is having a public meeting. Children from primary schools, teachers, local professors, farmers, and who not, all the members are shipped by “goon squads” of the Rajas commonly known as cadres/leaders and their stooges the public meeting at the order of Rajas and their stooges.

Who cares about the schooling and suffering of children and other functions of public service? Who cares about the inconvenience of the public, who cares about the noise level generated? Who cares about gathering of millions of people in already overcrowded city. Of course, there are laws for it. Who will implement it, as long as it is done by the “goon squad”/cadres of the Rajas and their stooges? Who cares about the Environmental Pollution, right to leave in peace and whatever fancy words are printed in the constitution of the country.

And, changing the constitution of the country, India, is very easy. For the convenience of the so called elected (as per press reports most are criminals)they’ll raise their hands to change the constitution for their own free looting and luxuries.

In other civilized countries, as I had observed, once the national parliament approves a change in the constitution of the country it must be approved unanimously by all provincial assemblies. Even one objection from the provincial assemblies makes the proposed change null and void.

If the central government feels that it is for the betterment of the mass it has option to put on referendum for the people to give their “yes” or “no”. The constitution can only be changed and the law can only be changed if it is accepted by the referendum, not held at gun point, or intimidation or whatsoever.

In reality, public service is there to salute and provide services to the VIPs, VIPs and their stooges. Run around for months, years, and being thrown out of office and or police station are very common scenario. And, the way it is people has no choice to avoid the public service and the public servants, either elected and or appointed in general, are habitual liars, extortionists, procrastinated, and it appears that these people are there to harass the public, not to provide them service until and of course their unwritten conditions are met. Even if you grease the palm of these public servants, there is no guarantee that your needs will be taken care of. Exceptions do exist and they don’t count and hardly allowed to get things done.

There hardly exists any humanitarian feeling and helping fellow humans. Those who are still left with human qualities are scorned and barrage of slang are thrown upon them and, if police finds a scope to extort or to implicate the innocents they’ll also show their color.

Cruelty is an accepted way of life in many parts of India, particularly West Bengal:

Rajas' sleep was disturbed by a howling jackal. The pregnant jackal was shot none other than the District Head of Police known as SP. You will not find this SP and their stooges even if you're cruelly chopped in.
Where is SPCA and the Indian law against cruelty to animals.

Procedural law and order:
Judiciary:

It’s a nightmare infested with “goon squad” (with apologies to those who still remain to be qualified as humane) and as per Chief Justice of India, as reported in the press, there is no law to confiscate the assets of glorified titled public servants who have amassed wealth by screwing people and/or overlooking all illegal doings of course at a cost.

To add, one can not bring charges of wrongdoings by glorified titled public servants without the approval of higher ups who most likely are in the same boat taking a share of the loot.

The Honble Chief Justice of Supreme court of India,
New Delhi 110001, India.
February 01, 2008
Your Honour:
Summary ofWrit: MAT 3140 of 2003, and Appeal F.M.A no. 1040 of 2007
The judgment of above writ MAT 3140 of 2003 was rejected by Justice Pinaki Ghosh and appeals F.M.A. no. 1040 of 2007 was pushed to the District Magistrate by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07 and the petitioner was out of the country, trusting the local advocates.
2. Right to live in peace
2(a) Both judgments did not take into consideration of the safety and peaceful living of NRI Aurovindo Choudhury, the petitioner as was evident on the writ petition item 3, 4, 5, 6, 7, 8, 9, 10. and did not order any protection to the applicant or compensation for the sufferings and harassment to the petitioner. No Protection was provided to the petitioner.
3. Environmental pollution and malpractices to create Environmental hazards by the Kalyani Municipality.
3(a) Item 12, 13, 14, 15, 16 in the writ petition are clear intentional violation of the above acts and many other criminal acts, which are in video and photographs also.
4. Arbitrary changing of Master Plan in line with local practice, and local scenario, presumably for money or as I call it criminalitics locally known as politics.
4(a) Item 17, 18 in original writ petition are clear examples. In this context the its the petitioners observation is that Supreme Court of India has ordered that no master plan can be changed..
5. Petitioners observations:
Dont the Honble Judges of the Calcutta/Kolkata High Court go through the petitions put before it for judgment?
Why the same was thrown back to the District Magistrate, Nadia when District Magistrate/s Nadia, SDOs, Kalyani, took no remedial action as is evident in item 15 of the original writ petition.
　
Continued in page 2
February 01, 2008
In the petitioners view even the some Honble Judges in the highest judiciary of the state are in the game of throwing ball back making endless suffering to the people. To say the least, not applying their judicious excellence for which people approach to them.
6. Petitioner:
70 year old NRI. retired with meager pension.
Appeal F.M.A. no. 1040 of 2007 was pushed to the District Magistrate by Justice Ashim Kumar Banerjee and Justice Tapas Kumar Giri J on 27/07/07, the petitioner was out of the country and this was mentioned in the original writ item 15.
　
7. Humanitarian Appeal:
I appeal to Honble Chief Justice to re-open the above writ petition and if permitted by the Honble court, and if required I can present the video and photographs. Considering my age, may I appeal to your honour to come to my place and witness the facts and the photographs and video?
Petitioner can not afford to be sucked by the so called advocates amounts of which have already run in thousands of Rupees costing nearly INR100, 000.00. The petitioner son of refugee from West Bengal had to support all the family members of his parents while working.
I, the petitioner will be ever grateful to you for providing justice, and listening and acting on my prayer to you, the Highest Authority of the Judiciary in the State of India.
With salutations and regards,
Yours truly,
　
Engr. Aurovindo Choudhury, C.Eng., FIE for life, (India, Bangladesh), VDI(Germany), MBIM(UK & Aust), FInstP(UK), MAACE(US), MCIMM, MCIS(Canada), etc., Commissioner of Oaths for the province of Quebec with jurisdiction of all the countries of the world, and a Grandson of Her Holiness Shri Shri Ma Anandamoyee.(in case Hon’ble Judge is familiar with this name).
B-6/108 Central Ave., West, KALYANI741235, WB, India. Tel: [protected]-[protected], Cell no. 91-[protected].
Email: ceaurovindo@yahoo.ca

Unquote:, (a writ is filed under article 226 of the constirution of India) "power under article 226 is designed to effectuate the law to enforce the rule of law and to ensure that several authorities and organs of the state act in accordance with law. Union of India v Kirloskar Pneumatic Co. Ltd., (1196) 4SCC 453: AIR 1996 SC 3285.

Another quote "No one should be allowed to suffer for act of court State of M.P. v M.V. Vyasaya & Co., (1997) 1 SCC 156: AIR 1997 SC 993. Another quote "Writ application is a public law remedy".

Even writing to The Chief Justice did not yield any results.

Even the Chief Justice of India, as reported in the Indian Press, stated that there is no law to confiscate the assets of the practitioner of "criminalitics" in name of Public Service.
What a system (law) for self preservation.

So, some in the world have defined the Indian democracy, “for the criminals, by the criminals, of the criminals”. By that definition, of course, it’s the largest democracy in the world.

It is apparent that laws of the country are made to protect the O.I.G.S (if one is ignorant about it, it is On India Government Service) and it is NOT for the people the mass who can not feed themselves, can not have medical, who if run over by the speeding unfit vehicles have no recourse for the fact the so called police will always find fault with the person run over. Pedestrians don’t have the right of way.

It’s the self styled VIPs, VVIPs, gazetted or whatever are taken by the road with convoy of red lights, and at whose cost? Poor me and millions of have nots.

Of course it is the largest democracy as claimed, and for whom !

Health:

Government hospitals are just living dungeon filled with [censor], urine smell, cats and dogs, cots filled with rags known as bed, and of course with “goon squad” who extorts in name of admission, medicine or doctor. Medicine has to be provided by the patient including IV fluid and it is open that government supply is administered to the patient and these medicines bought for the patient find their way back to the local pharmacy. Hey don't make noise about it. If you're lucky you will be shot dead. (Whereas there are all kinds of laws to have a gun but for the "goon squad" having a gun is easier than USA). Even as per the press reports "goon squad" used police rifles to shoot at people who had been protesting about the forcible occupation of the land by the so called Government.

Land scams, weapon scams, and full of scams and some have Swiss Bank accounts without any trouble.

Even places where abnormal charges are paid for patients doctors often do not know as to what they’re doing. Malpractice suit hardly sticks in the court of law. Indian Medical Association is there to protect them. A NRI doctor (Professor of medical faculties in US university) fought for years for his deceased wife for malpractice but people have seen that these doctors were freed by the Kolkata High Court and these doctors were escorted with police vehicles.

You ask for help from the police. “we are busy with VIP, don’t disturb us” is the common reply.
There are no securities for the people. Even the odd balls police officer take a humanitarian view, he has nothing to go by. He/She has one stick his hand. He can not shoot to protect your life, that’s the practice not the police Act enacted by the British Raj and modified by the present rulers, as it appears, to use the police as their slave.

There are reports in the press in state run government hospitals for granted reasons, Autopsy reports are fabricated, so are the Forensic reports. This science only exists in the book, so is the DNA reports. To get these tests done from reliable source is a highly expensive affair for the individual. One is lucky enough to get a person or persons with integrity.

In summary, lawlessness and looting of the national exchequer is an accepted way of life. People are beaten to death by the mob (goon) squad in public anybody objecting to it, subject to face the same situation. If one can afford the prohibitive cost and dares to go to judiciary, it is experienced that highest judiciary of the Province locally known as High Court, overlook the proven points in the judicial application and let the applicant go in circles a never ending process which may not materialize in one life’s term.

Humanity was the backbone of Indian Culture from Vedic era. That’s history. After all, this is the largest democracy of the world!

-3-
Public service and or Public undertakings.
Few examples:

Food and food supplies: There is a food rationing system by the state governments by providing ration identity cards. Even if you’ve one, there is nothing in the ration shop for your family. As per the press reports supplies from the government storages are distributed to retailers in the market with the market price. As the ration shop keepers claim that they have to do this to satisfy the greed of local members of the “goon squad” in name of “criminalitics”. Even to get a ration card identity it is a process of never ending but by the members of “criminalitics” and their stooges have a way with it with no time lost.

With IT catching up with the rest of the world, I was told by a IT professional that they’ve discussions with the Rajas’ stooges to have the ration card issued digitized and at the same, they’ve been told that there are more than 20 million false cards and these have to be accommodated in the IT system, to be legalized.
Adulteration of all food products, medicines, are accepted way of life.
Be it milk, edible oil, whatever. As experienced, and as per the press reports life saving medicines are also adulterated. Even rotten fish, uncertified live animals are butchered publicly and sold.

Again there are thousand and one public servants to check on it. It’s anybody’s guess what they do and/or what they’re allowed to do by the practioners of “criminalitics”.

Education:

Private schools approved and recognized by the local government for Medical, Engineering, Law, Management, IT, and what not have sprung up all over the country. Experience indicates in these private schools one who can afford to pay the extraordinary entrance and tuition (in comparison to state run schools and fees) fees have access to it and get out with all kinds of degrees. Students in these schools what do they learn, is anybody’s guess? This is one of the good businesses to get in to suck the public if you’ve the clout and capital investment. But they get public service with guaranteed pay cheque irrespective of output and or service to the public.

Be it High School students or higher classes, in general they’ve no respect for the elders, no respect for the laws, not even self respect, not even the teachers, as I observed. No manners, no ethics and even hard to believe they possess any humanitarian quality. In general they find it a pride to throw slang at ladies, elders, disabled, and what not? As experienced, poisoning somebody’s pets, throwing stones at window panes, even hand made bombs, threatening with life, is their pride. They invariably show respect and salute the practitioner of “criminalitics” and their stooges and “goon squad”.

Even most of the teachers keep silent about it, so are most of the law and order keepers.

Exceptions, if any, are known as mad caps.

Leaving aside few state run well renowned autonomous learning institutions, it had been observed anybody can have a degree by one way or the other and hold different local high sounding public service, of course with local blessings of practitioner of “criminalitics”.

Communications, Telephone and IT:

This was a monopolized by BSNL by the public service until recently. Billions are spent from the national exchequer for members of Rajas and their stooges. People are burdened with fictitious bills and I am told the local law says that you pay the bill first then only the telephone provider will talk.

One does not have any choice to go to court of law to sort

I would suggest that the complaints be short and precise, instead of uploading entire writ petitions. Moreover, if a public opinion is being sought, as I hopefully understand, then the monotony should be taken care of so that any ordinary citizen can appreciate the grievance. A lawyer of Allahabad HC.

Complaint in respect of functioning of Justice Dr. B.S. Chauhan in respect of his functioning as Allahabad High Court Judge, now elevated as Chief Justice of another High Court
To,
My lord The Chief Justice Of India,
Hon’ble Supreme Court Of India,
New Delhi
Reference- Usurpation of Compensation amount of Rs. 22, 74, 966.28/= by getting the Sale Deed executed on [protected], in favour of Major Jasbinder Singh Bala, retired from active army in 1965 due to malignant cancer, before Sub Registrar of Registration Department set aside in reference U/S 30 of Land Acquisition Act after 34 years of execution of sale deed in favour of its executer by denying the persuasion of remedy till disbursement of such amount in favour of Rank Trespassers in a calculated manner by Hon’ble Justice Dr. B.S. Chauhan
Subject- Hon’ble Justice Dr. B. S. Chahan refused to pass any order on the recall application as he pressurised the appellant to withdraw his First Appeal Defective No. 248/2002 on 17-11-2003, when F.A.F.O. 464 of 1990 he observed in open court that as per the ratio laid down in Dr. Grant Case, A.I.R. 1966 S.C. Sarda Devi Case, Smt, Shyamlata Jauhari vs. Collector, reported in 1990 A.W.C. page 1234, the Appeal U/S 54 of Land Acquisition Act is not maintainable, nor the sale deed dt. 25-11-1968 executed by Gaj Raj Singh in favour of Major Jasbinder Singh Bala can be cancelled by Smt. Sadhana Chaudhary 2nd A.D.J. Gaziabad can be cancelled. Smt. Sadhana Chaudhary 2nd A.D.J. Gaziabad has been removed from service. The other judge joining with Hon’ble Justice Dr. B. S. Chahan remained Junior to senior Advocate and participated F.A.F.O. 464 of 1990 on behalf of the opposite parties, and despite calling for the file of F.A.F.O. 464 of 1990 connected with writ petition No. 29591 of 1992 dismissed on 23/9/1996 by Hon’ble Mr. Justice B. M. Lal and Hon’ble Mr. Justice J. S. Siddhu decided the matter on 17-11-2005 justifying the cancellation of sale deed dated 25-11-1968 in reference U/S 30 of Land Acquisition Act.
Brief Facts -Gajraj executed the Registered sale deed on 25-11-1968 for the consideration of an amount paid to him in favour of Major Jasbinder Singh Bala, retired from active army in 1965 due to malignant cancer, before Sub Registrar of Registration Department. U/s 56, 57 and 58 of the Evidence Act, since the sub- registrar of the registration department has made the endorsement regarding the transaction, and as such, the court below should have taken the judicial notice, to the registered sale deed, and the transaction made therein u/s 80 of the Evidence Act, no oral evidence could have set aside, a registered sale deed for which the presumption u/s 90 and 90-A, as amended in Uttar Pradesh, remained in existence, in favour of Major Jasbinder Singh Bala . Paras Ram was in no manner entitled to usurp the property belonging to Raghubir on account of he being the son of Chaman Kali and Munshi, but he got an order obtained fraudulently by making an abuse of process for incorporating his name on 18/12/1981 from A. S. D. O. Ghaziabad and thus became entitled for the reference made U/S 11/30 of Land Acquisition Act, and got his name entered in compensation amounting to Rs. 22, 74, 966.28 /= . Paras Ram filed successive writ petition no. 23591 of 1992, 19462 of 1999 and 19572 of 1999 while Gajraj also filed the writ petition no. 19555 of 1999 and as such neither the Gajraj, nor the Paras Ram may be said to be the illiterate person, who does not know anything about registered sale deed executed by Gajraj on 25/11/1968 in favour of petitioner and as such inference drawn in the judgement dated 29/4/2002 passed by this Hon’ble Court in respect of bonfide of Gajraj is uncalled for and the judgement dated 29/4/2002 and decree dated 4/5/2002 are liable to be set aside by allowing the present application seeking revival of the matter in Defectve First Appeal No. (248) of 2002 . Hon’ble Supreme Court in a recent case of Sharada Devi Versus State of Bihar 2003 (3) SCC 128 has laid down that since under section 3 (b) and (c) of Land Acquisition Act, the definition of “person interested” and the “Collector” have been defined.
That a dispute, as to the pre-existing right or interest in the property sought to be acquired, is not a “dispute” capable of being adjudicated upon or referred to the Civil Court for determination either u/s 30 of the Act. Thus the order passed u/s 30 on 29.4.2002 by the II A.D.J. suffers from lack of inherent jurisdiction and is therefore a nullity, and therefore liable to be declared so. writ petition no. 38064 of 2002 alongwith writ petition no. 23591 of 1992, writ petition no. 19462 of 1999, writ petition no. 19555 of 1999 and writ petition no. 19572 of 1999 and also the order dated [protected] obtained by Paras Ram after dismissal of writ petition no. 23591 of 1992 on [protected]. The issuance of writ of prohibition and writ of mandamus are totally based on different relief sought for in the writ petition no. 38064 of 2002 than the prayer made in the defective First Appeal no. (248) of 2002.

Chapter V Rule 8 of High Court Rules seeking connection of all 4 writ petitions bearing writ petition no. 23591 of 1992, writ petition no. 19462 of 1999, writ petition no. 19555 of 1999, writ petition no. 19572 of 1999 and defective First Appeal no. (248) of 2002 by nominating bench of division bench, the following report was submitted to the Hon’ble Chief Justice and his lordship has taken decision by an order dated 17.11.2003 by nominating bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan J. the order passed by the Hon’ble Chief Justice.
In the meantime since the appellant on account of his being pauper and thus unable to pay the court fees moved an application under Order 44 Rule 1 C.P.C. in Defective First Appeal No. (248) of 2002., as the opposition was made by the counsel Senior Advocate of Paras Ram and Gajraj on the said application.
That not only this the counsel for Paras Ram and Gajraj have raised their objections regarding the pendency of defective appeal as well as writ petition no. 38064 of 2002 being pursued simultaneously and at this stage when they have built up the pressure, then on account of settled proposition of law declared in case of Dr. Grant case reported in A.I.R. 1966 S.C. 237 followed by case of State of Bihar vs. Sharda Devi 2003 S. C. C. (3) 128, Mehar Rusi Dalal 2004 S.C.C. (7) 362, it was permitted to withdraw the defective First Appeal to the counsel for the appellant, that he may not proceed the first appeal on account of non-availability of such a huge amount of court fees amounting to Rs. 1, 71, 032.50 paise.
That ultimately when the matter came up for hearing on 10-11-2005 then the counsel appearing on behalf of Paras Ram in writ petition no. 23591 of 1992 sought for withdrawal of recall application filed against the order dated [protected] being dismissed as not pressed.
That on 17-11-2005 in the judgement passed in writ petition no. 38064 of 2002, the preliminary objections raised on behalf of respondent no. 4 and 5 have been upheld and writ petition no. 38064 of 2002 was dismissed.
Hon’ble Court has taken into consideration that writ petition no. 38064 of 2002 was having the identical prayer as that of prayer of first appeal for setting aside the judgement and decree dated [protected] and 4-5-2002 in L.A.R. No, 421 of 1992, the writ petition no. 38064 of 2002 is barred on the ground of constructive res judicata.
That the Hon’ble Supreme Court in case of Kunhayamad vs. State of Kerala 2000 (6) SCC 359 has held that dismissal of Special Leave to Appeal simpliciter will not deprive the appellant to avail the remedy of review under Order 47 Rule 1 C.P.C. as the prohibition lies for filing the review is only after conversion of Special Leave to appeal is converted in Civil Appeal before the Hon’ble Supreme Court. Thus the prayer is sought for recall of the order dated 17-11-2003 passed in the present defective appeal under the wrong legal perceptions regarding the challenge made therein is based upon de hors to the provisions of section 30 of L.A. Act as well as non est and nullity within eyes of law.
Even the defective First Appeal No. 248/2002 withdrawn on 17-11-2003 on the persuasion of Hon’ble Justice Dr. B. S. Chauhan, when his lordship observed in open court that as per the ratio laid down in Dr. Grant Case, A.I.R. 1966 S.C. Sarda Devi Case, Smt, Shyamlata Jauhari vs. Collector, reported in 1990 A.W.C. page 1234, the Appeal U/S 54 of Land Acquisition Act is not maintainable. Hon’ble Justice Dr. B. S. Chauhan refused to pass any order on such application of recall of his lordship oral Prayer’s educative order dated 17.11.2003 and directed the matter to be listed on the ordinary Course. The other Senior Advocate, being the influencing lawyer got the payment of Rs. 22, 74, 966.28 /= given to Gaj Raj Singh and Paras Ram through S.L.A.O. Gaziabad.
Hon’ble, the my lord the Hon’ble the Chief Justice of India

That Major Jasbinder Singh Bala is retired from active army in 1965 due to malignant cancer. He is now running at the age of about 82 years with the uncertainty regarding his life due to many ailments and heart trouble. His Excellency the President of India Sri Rajendra Prasad on 4.2.1953 appreciated Major Jasbinder Singh Bala for his dedicated services in Active Army regarding his sincerity, courage and conduct. However, after fighting for the nation for about 25 years, he retired prematurely. That Gajraj executed the Registered sale deed in favour of Major Jasbinder Singh Bala on 25-11-1968 for the consideration of an amount paid to him before Sub Registrar of Registration Department. The Registered sale deed, executed in favour of Major Jasbinder Singh Bala by Gajraj s/o Raghubir, R/o village-prahladgarhi, pargana Loni, Tehsil & District- Ghaziabad was in respect of land of khasara no. 445- Area 2 Bigha 3 Biswa and khasara no 639- Area 5 Bigha in khata no.26 in1375 Fasli, which was exclusively recorded in the name of Gajraj, wherein it was particularly mentioned, that there is no co-sharer and claimant over the land in dispute. Thus it was not open for Gajraj to repudiate the aforesaid undertaking mention in the sale deed. That Gajraj sold another land to Major Jasbinder Singh Bala on 08/02/1967 having Khasara No 197 comprising of 2 Beeghas and 11 Bishwa situated at prahaladgari and since the aforesaid land got lesser compensation as such the objection in respect of selling the said land unauthorisely by Gajraj was not raised by Paras Ram and Gajraj. That it has been submitted that a collusive suit bearing case no.5 of 1970 was filed by Paras Ram against Gajraj alleging therein that Paras Ram was posthumously born after the death of Raghubir Singh, while he was actualy born from Chaman Kali and Munshi ‘( not his father)and of such he is not entitled for half share in the said property. However, by order dated 12/5/1971 in the proceedings U/S 229-H/ 209 of U.P.Z.A. & L. R. Act, it was directed that except by the exclusion of such plot, in which the registered sale deeds have been executed by Gajraj, Paras Ram is entitled to half of the share in the aforesaid plots.
That Paras Ram filed this collusive suit under section 229-B and209 U.P.Z.A.L.R. Act Bearing case No 5 of 1970 without impleading Major Jasbinder Singh Bala, in which, the claim set up by him that he was allegedly posthumously born after the death of Raghubir Singh, the father of Gaj Raj Singh and thus was having half share in all the land belonging to Gaj Raj and the land sold by Gaj Raj to the Petitioner and Other Persons were excluded in his share.
That Gaj Raj has sold other lands also through registered sale deed duly executed on 1/12/1966 and on 8/2/1967 in favour of petitioner. The name of the petitioner remained mentioned in these sale deeds, but Paras Ram did not raise any dispute in pursuance of these sale deeds regarding his entitlement of his share. The dispute was raised only in regard to sale deed executed on 25/11/1968, in which the compensation assessed, while making an award of rupees 22, 74, 966/-and 28 paisa.
That thus u/s 56, 57 and 58 of the Evidence Act, since the sub- registrar of the registration department has made the endorsement regarding the transaction, and as such, the court below should have taken the judicial notice, to the registered sale deed, and the transaction made therein u/s 80 of the Evidence Act, no oral evidence could have set aside, a registered sale deed for which the presumption u/s 90 and 90-A, as amended in Uttar Pradesh, remained in existence, in favour of Major Jasbinder Singh Bala .
That subject, to the aforesaid objection raised at the very onset, and making the denial to rights conferred with Gaj Raj and Paras Ram on the basis of an exparte collusive suit, for getting the name of Paras Ram illegally in the award, the matter was contested before the court below.
That in the judgement dated 12. 5. 1971, it is mentioned especially for the purposes of demonstrating the findings on the issue no. 3, in which it is clearly mentioned that since the plots regarding which the sale deed has been executed, have been excluded, this issue need not be discussed.
That since the name of other person Ram kishan was already deleted by the order dated 27.4.1971, as such the aforesaid judgement dated 12.5.1971 was confined only to the extent of such plots in which the sale deed were not executed in favour of different parties namely Ram Kishan . Major Jasbinder Singh Bala and Kanshi Ram, as referred in the subsequent judgement.
That this was on account of these facts, that Additional Commissioner has rejected the Revision by judgement dated 2/6/1976 which was filed challenging the order passed by Additional S. D. O. Ghaziabad on 12/9/1975 rejecting the application of Paras Ram for Amaldaramad.
That despite the rejection of claim up to the stage of Additional Commissioner, the Paras Ram managed to manipulate for circumventing the effect of finality of the order passed by Additional Commissioner, moved an application before Asst. S. D. O. in 1981 with a prayer to record his name to Amaldaramad to the extent of held of its share. In the aforesaid application he got the plot no. 445 and 639 included, which was belonging to the petitioner and finality has been arrived in respect of these plots by the final judgement dated 2/6/1976 Revisional court by exclusion of these plots for mutation in favour of Paras Ram.
That these Persons even after being lost Upto the stage of Revision No.144 of 1975-76 on 2/6/1976 in the mutation proceedings, Paras Ram got his name included to the half portion of share land by an fraudulent, misconceived, void–ab-initio and ex-parte order dated 18/12/1981 passed by the Asst. S. D. O. in respect of these plots belonging to the petitioner in the sheer abuse of the process of the Revenue courts. The name of Paras Ram, on the basis of fraudulent aforesaid entry made in Revenue Record, appeared in the impugned award to half of the total amount which was legally required to be paid to the petitioner namely Major Jasbinder Singh Bala in land acquisition proceedings and as such the challenge was made before the S.L.A.O and also in the court below.
That this matter was finalized up to the stage of Additional Commissioner Meerut Division in revision no. 144/ [protected] by order dated 26/1976 wherein it was held that land pertaining to Major Jasbinder Singh Bala shall remain excluded in pursuance of the order obtained exparte on 12/5/1971 by Paras Ram in collusion with Gajraj. The said order dated 2/6/1976 became final in the mutation proceedings. However, on 10/12/1981, Paras Ram got his name recorded again in revenue records along with the name of Major Jasbinder Singh Bala to the extent of half of share when the plots no. 445 and 629 are 7.3 Bighas were acquired under Land Acquisition proceedings.
That in the meantime the land was acquired by the state Govt. and as such a suit was filed by Gajraj U/S 229 B of U. P. L. A. Z. R. Act seeking the declaration to the extent of further half of share of remaining land apart from share of Paras Ram alleged to have already been decided between the parties. The aforesaid proceedings are still pending before A. S. D. O. Gaziabad.
That it is well proposition of Law that recording of name in the mutation proceedings has not conferred any title upon recorded tenure holder. It has been held inre, Nirman Singh versus Rudra Pratap Singh A. I. R. 1926 Privy Council page 100, Nageshwar Bux Singh versus H. Ganesha A. I. R. 1920 Privy Council page 46, Durga Prasad versus Ghanshayam Das A. I. R. 1948 Privy Council page 210, Ramanna versus Samtha Murthi A. I. R. 1961 page 361, Mohindar Singh versus State of Punjab A. I. R. 1977 S. C. page 2012, Vatti Cherukuru Village Panchayat versus Noori Venkata Rama Dixithule 1991 A. I. R. S. C. W. page 1303 and in Naval Shankar Ishwar Dawe versus State of Gujrat A. I. R. 1994 S. C. page 1496 that mutation of name in revenue record are not evidence of title. Thus no rights have been accrued to Paras Ram/ petitioner for realisation of amount stated in the writ petition no 23591 of 1992 in the tune of Rs. 11, 37, 483.14 Paisa in the said proceedings.
That apart from this that writ petition no. 23591 of 1992 was filed by Paras Ram without impleading the petitioner in the aforesaid writ petition . Fraud and Justice never dwell together (Fraus et jus nunquam cohabitant) as the fraud neither deceit defend or excuse no man (Fraus et dolus nemini patrocinari debent). Fraud avoids all the judicial acts and order obtain by fraud is a nullity and thereby rendering the entire action void. AIR 1994 SC 853 –S. P. Chengalvaraya Naidu Vs. Jagannath J T [protected]- Indian Bank Vs. M/s Satyam Fibres (India) Pvt. Ltd. (2000) 8 SCC 512 –Bank of India Vs. Vijay Transport and others.
That the proceedings in L. A. R. no. 130 of 1996 filed by Paras Ram have been stayed in writ petition no. 19462 of 1999, while the proceedings of L. A. R. no.131 of 1996 U/S 18, 30 filed by Gajraj have also been stayed in writ petition no. 19555 of 1999, while the present reference U/S 30 which was not a declaratory suit has been decided by the Court below on 29/4/2002. There may not be two parallel proceedings running simultaneously between the parties in the same court in which one may remain suspended and other may be decided in a premeditated manner despite the bar created under the statue. Thus the order and judgement dated 29/4/2002 and decree passed therein are liable to be set aside.
That Paras Ram and Gajraj have misrepresented themselves to be illiterate person, while both of them are very clever and shrood persons, who got the collusive suit filed and decided U/S 229B/ 209 of U. P. S. A. L. R. Act behind the back of petitioner on 12/5/1971 and despite the fact that Paras Ram is in no manner entitled to usurp the property belonging to Raghubir on account of he being the son of Chaman Kali and Munshi, but he got an order obtained fraudulently by making an abuse of process for incorporating his name on 18/12/1981 from A. S. D. O. Ghaziabad and thus became entitled for the reference made U/S 11/30 of Land Acquisition Act.
That this Paras Ram filed successive writ petition no. 23591 of 1992, 19462 of 1999 and 19572 of 1999 while Gajraj also filed the writ petition no. 19555 of 1999 and as such neither the Gajraj, nor the Paras Ram may be said to be the illiterate person, who does not know anything about registered sale deed executed by Gajraj on 25/11/1968 in favour of petitioner and as such inference drawn in the judgement dated 29/4/2002 passed by this Hon’ble Court in respect of bonfide of Gajraj is uncalled for and the judgement dated 29/4/2002 and decree dated 4/5/2002 are liable to be set aside by allowing the present application.
That on the one hand all these things has been done, while on the other hand Paras Ram and Gajraj entered into compromise with Ram Kishan, the other person, who has purchased the land prior to judgement passed on 12/5/1971 in which the name of Ram Kishan was deleted by order dated 27/4/1971. Gajraj got the compromises given effect by permitting Ram Kishan to realise the entire compensation.
That in this manner the action of respondents namely Paras Ram and Gajraj is calculated abuse of process by making a mockery to the entire administration of justice through their reprehensible conduct by exercising their pernicious influence beyond the parties to action i.e. to the appellant Major Jasbinder Singh Bala, who is an old person running at the age of about 80 years after completing his sincere and dedicated services for maintaining the security and integrity of nation for 25 years in Army and as such a daring raid may not by allowed to be perpetuated by invaders of the due administration of justice.
That the conduct of Paras Ram is so reprehensible that by making the protest of having a misrepresented the said order dated 23/9/1996 in the Execution case no. 8 of 1997 as he moved an application on 29/11/1996. On the basis of said application he sought for having realisation of money in the tune of Rupees 11, 33, 983.40 Paisa. It was only on the basis of an application filed on behalf of State Govt. when such proceedings could have been stopped and thereafter a letter was issued on 27/10/1997 addressed to IIIrd Additional District Judge that against such a frivolous execution proceedings no. 8 of 1997 Paras Ram should be penalized by Rs. 50, 000/-
That the pendency of writ petition no. 19572 of 1999 was to the exclusion of the proceedings decided on 29/4/2002 by the court of IInd Additional District Judge, Ghaziabad.
That the writ petition no. 19572 of 1999, 19462 of 1999 and 19555 of 1999 are cognizable by the learned single judge, but no special appeal is maintainable arising out of the order in the said proceedings, while the first appeal no. (248) of 2002 is cognizable by the Division Bench as the valuation of said appeal is 22, 74, 966.28 Paise.
That on one hand the writ petition No. 29591 of 1992 was presented on 15/7/1992, while simultaneously the parallel proceedings in L. A. R. no. 421 of 1992 under section 30 of Land Acquisition Act was initiated in the Court of Additional District Judge, Ghaziabad. However, simultaneously other collateral proceedings having L. A. R. no. 130 of 1996 by Paras Ram and L. A. R. no. 131 of 1996 by Gajraj were initiated before the Additional District Judge U/S 18 30 of Land Acquisition Act, but the said proceedings U/S 18 of Land Acquisition Act were stayed in writ petition no. 19462 of 1999 ( Paras Ram vs II nd A. D. J. Ghaziabad and others) and writ petition no. 19555 of 1999 (Gajraj vs. II nd A. D. J. Ghaziabad & Others)on 12/5/1999. That even in the proceedings of L. A. R. no. 421 of 1992, the writ petition no. 19572 of 1999 was filed by Paras Ram in respect of order dated 7/4/1999 in which this Hon’ble Court was pleased to direct the Paras Ram to issue notice to Major Jasbinder Singh Bala, who has recorded his appearance in the aforesaid case in pursuance of order passed on 12/5/1999 in writ petition no. 19572 of 1999.

That on one hand the petitioner is persuading the present remedy for realisation of alleged compensation in which the writ petition was finally dismissed on 23/9/1996 by Hon’ble Mr. Justice B. M. Lal and Hon’ble Mr. Justice J. S. Siddhu and without having any order being obtained on the review application, the order dated 10/4/2002 has been obtained by Paras Ram behind the back of Major Jasbinder Singh Bala. The aforesaid order passed by this Hon’ble Court is liable to be set aside by this Hon’ble Court as justice may be done with the rights of bonfide title owner and actual receipient of the amount of compensation in the tune of Rs. 22, 74, 966.28 Paisa. That although the collateral proceedings initiated in different forum are prohibited to run simultaneously in view of restriction imposed under section 10 of C. P. C. read with principle of constructive res judicata. acquiescence and estoppel.
That at the very outset, it is most humbly submitted that the order passed on 29.4.2002 by the II A.D.J. Gaziabad in L.A.R No. 421 of 1992, U/S 30 of land Acquisition Act has been decided by impugned order and judgement beyond the scope and jurisdiction of the reference made regarding apportionment of the amount of compensation under the aforesaid provision. It is submitted that the Hon’ble Supreme Court in a recent case of Sharada Devi Versus State of Bihar 2003 (3) SCC 128 has laid down that since under section 3 (b) and (c) of Land Acquisition Act, the definition of “person interested” and the “Collector” have been defined.
That a dispute, as to the pre-existing right or interest in the property sought to be acquired, is not a “dispute” capable of being adjudicated upon or referred to the Civil Court for determination either u/s 30 of the Act. Thus the order passed u/s 30 on 29.4.2002 by the II A.D.J. suffers from lack of inherent jurisdiction and is therefore a nullity, and therefore liable to be declared so.
That, the matter of apportionment does not fail within ambit of “Dispute” under section 30 of Land Acquisition Act, but it appears that the learned A. D. J. has passed the judgement and order dated 29/4/2002 in L. A. R. no. 421 of 1992 wholly without jurisdiction in the aforesaid matter while deciding the case U/S 30 of Land Acquisition Act as that of a declaratory suit, which is not permissible within eyes of law.
That u/s 12 (1) and section 29 of the Land Acquisition Act, the finality of the award is attributed between the “persons interested”. The definition of “persons interested” speaks of or interest in the compensation to be made. Thus invoking section 30 of land Acquisition Act, to the pre-existing right on the land and entitlement of compensation, may only be left upon to be adjudicated by any independent proceedings.
That the said order has been passed in derogation to present proceedings initiated by way of filing the present writ petition and the same is not illegal and void, but on account of making as abuse of process through reprehensible conduct of petitioner, the same are also contemptuous in the light of the case of Advocate General Bihar vs M/S Madhya Pradesh Khair Industry 1981 (3) S. C. C. 311.
That the S. L. A. O. passed an order and Award on 19/9/1990 illegally, stating therein that although the compensation to the extent of half of the award as per the name being recorded in the revenue record in favour of Major Jasbinder Singh Bala is payable, but the same in the tune of Rs. 11, 33, 983.40 Paisa is still required for disbursement, but the court below has further exceeded the power, propriety and jurisdiction in passing the impugned order depriving the petitioner from total amount of compensation beyond the scope of the reference made U/S 30 of land acquisition Act. That in the revenue records the name of Jasbinder Singh Bala was recorded from the dated of execution of Registered sale deed, which was still continuing.
That ultimately the writ petition no. 23591 of 1992 was dismissed on 23/9/1996. Surprisingly without giving any notice to Major Jasbinder Singh Bala in furtherance of the alleged restoration application in writ petition No. 23591 of 1992, Paras Ram got an order ex party behind the back of the petitioner for disbursement of an amount of Rupees 11, 37, 483.14 Paisa . This an abuse of the process in calculated manners, which is a criminal contempt .Advocate General, Bihar Vs. M/S Kher Industries 1980 (3) SCC 311. On 29.4.2002, in the Impugn order in LAR NO.421 of 1992 has been passed by the II nd ADJ Ghaziabad under section 30 of the Land Acquisition Act in which the registered sale deed dated 25.11.1968 executed about 34 years back by Gaj Raj has been set aside while on the basis of frivolous entry recorded by order dated 18. 12. 1981 fraudulently from Assistant SDM even after dismissal of the revision by Additional SDO and Additional Commissioner on 12.9. 1975 and 2.6.1976 respectively which is void and ab initio .
That on one hand, the present proceedings U/S 30 are dealt with, while simultaneously the proceedings U/S 18, 30 of Land Acquisition Act bearing L. A. R. no. 130 of 1996 filed by Paras Ram and L. A. R. no. 131 of 1996 by Gajraj are pending in the court of IInd Additional District Judge, Ghaziabad. In the aforesaid proceedings Jasbinder Singh Bala moved an application for impleading him as the party, which was allowed by order dated 8/4/1999.
That feeling aggrieved by the aforesaid order the writ petition no. 19462 of 1999 and writ petition no. 19555 of 1999 were filed in which notices were issued to the deponent.
That surprisingly enough to state that although a writ petition no. 19572 of 1999 has been filed for quashing the order dated 7/4/1999 passed by the Court below, in which in compliance of order of District Judge to decide the case expeditiously and the issues was directed to decide at one time of both the parties. It is submitted that Paras Ram has also sought for quashing the proceedings of L. A. R. no. 421 of 1992 which has been decided by the judgement dated 29/4/2002 in spite the pendency of writ petition no. 19572 of 1999.
That the pendency of writ petition no. 19572 of 1999 filed by Paras Ram, wherein he has sought for setting aside the proceedings of Reference case no. 421 of 1992 on the issue of Res judicata and also sought for staying the further proceedings of reference no. 421 of 1992 pending before IInd A. D. J. Ghaziabad and as such since there was no occasion to proceed further in deciding the matter on 29/4/2002 during pendency of writ petition no. 19572 of 1999 and as such the judgement and decree dated 29/4/2002 and 4/5/2002 are liable to be set aside as the said proceedings has been decided in derogation to the proceedings in writ petition no. 19572 of 1999 filed by Paras Ram.

That on 9.5.2002, the Petitioner filed the review application for reviewing the order dated 29.4.2002, which has been dismiassed on 3.2.2003 by ( Smt. Sadhana Choudhary) the 2nd ADJ herself .
That thereafter the appellant moved an application before the District Judge, Ghaziabad on 11.7.2002 seeking transfer of review application through transfer application no. 397 of 2002 and when the District Judge rejected the said application on [protected], the prayer were incorporated in relations thereof in writ petition no. 38064 of 2002 alongwith writ petition no. 23591 of 1992, writ petition no. 19462 of 1999, writ petition no. 19555 of 1999 and writ petition no. 19572 of 1999 and also the order dated [protected] obtained by Paras Ram after dismissal of writ petition no. 23591 of 1992 on [protected]. The issuance of writ of prohibition and writ of mandamus are totally based on different relief sought for in the writ petition no. 38064 of 2002 than the prayer made in the defective First Appeal no. (248) of 2002.
That ultimately Smt. Sadhana Chaudhary then posted as IInd Additional District Judge, Ghaziabad rejected the review application on 3-2-2003 by the detail order, wherein the jurisdictional error committed in passing the order dated [protected] was pointed out by the counsel for the appellant.
That the order passed in review application no. 31 of 2002 on 3-2-2003 was also challenged by filing an amendment application on [protected] bearing amendment application no…… of 2003 in writ petition no. 38064 of 2002. However, the counter affidavit was called upon on the aforesaid amendment application by an order dated 29-12-2003, but the said amendment application remained pending till the decision of writ petition no. 38064 of 2002 decided on 17.11.2005 on the ground of its maintainability.

On 12.3.2003 the amendment Application challenging the order dated 3.2.2003 rejecting the review Application No.31 of 02 passed by 2nd Additional District Judge, Ghaziabad is filed. That in this manner, there has been multiplicity of the proceedings taken place upto this stage by filing writ petition no. 23591 of 1992 ( Paras Ram vs. State of U.P ), writ petition no. 19462 of 1996 ( Paras Ram Vs. State of U.P.), writ petition No. 19555 of 1996 ( Gajraj vs. State of U.P.) and writ petition no. 19572 of 1996 ( Paras Ram versus State of U.P.) and also the order dated [protected], which were clearly demonstrative of the facts that against an Army Personnel, who has sacrificed his life for providing security to the citizens against external aggression is jeopardising his right not on account of only the manipulated and frivolous proceeding instituted by Paras Ram and Gajraj, but also on account of orders passed and obtained by this persons from this Hon’ble Court.
That according to the settled proposition of law advanced by the Apex Court, the latest decision on the point of making / forwarding the reference by S.L.A.O to the court of District judge/ Additional District Judge, the individual should be the ‘ PERSON INTERESTED’ as defined under section 9 (3) of L.A. Act (Union of India Vs. Pramod Gupta 2005 (12) SCC Page 1 and a stranger to the award namely Gajraj . who sold his land on 25.11.1968 through Registered Sale Deed is not entitled to claim his entitlement for compensation in the present reference . The present reference is not maintainable and is liable to be rejected.
That the Hon’ble Supreme Court in case of A.I.R. 1965 S.C. Page 304 has clearly held that the pre-existing right of the person whose name does not find place in the award may not get entitlement for moving the reference either u/s 18 or 30 of the L.A. Act. That in case of Mehar Rusi Dalal Vs. Union of India (2004) 7 SCC 362 / A.I.R. 2004 S.C. 3491, it has been held that the person who is not entitled to make the reference u/s 18, the said person was not interested to get the decision for realisation of award u/s 30 regarding his alleged apportionment of the share. Thus the judgment dated 29.4.2002 is de hors to the provisions and non est., which has no evidencery value against the right of the objector to realize the entire compensation.That the Hon’ble Supreme court has further held in case of Ahad Bross vs. State of M.P. 2005 ( 1 )SCC page 545 that a person who is not the’ person interested” may not agitate any claim u/s 18 of the L.A. Act. Thus the present reference filed by Gajraj is liable to be rejected.
That the objector had already moved to the S.L.A.O. for referring the reference u/s 18 on 6/7 April, 1989 to the District Judge Ghaziabad, but inspite the acceptance of the aforesaid application by the rival group of the claimants, the same has not been independently registered as the reference. Thus apart from being impleaded as the respondent, the objector was having his independent right to get the realisation of award of Rs. 22.74.966.28 Paise from the Court of I1nd Addl. District Judge, Ghaziabad. The order and judgment passed on 29.4.2002 followed with a decree dated 4.5.2002 is a nullity and non est for having evidence value to curtail the right of the objector for realisation of compensation. The review application after due amendment in the prayer of the writ petition no. 38064 of 2002 filed by the objector is still pending before the Hon’ble High Court.
That in this manner the claim of the objector is squarely covered within the purview of maintainability of application of award independently as well as by virtue of being impleaded in the present reference by order dated 7.4.1999 which has been affirmed by the Hon’ble High court on 10.11.2005 rejecting the writ petition no. 19555 of 1999 filed by Gajraj.
That this stage on [protected] the L.A.R. No. 421 of 1992 was decided as de hors to the said provisions of apportionment of the compensation between the ‘INTERESTED PERSON’, which could not have the jurisdiction entail to decide it as a “DISPUTE” nor the adjudication of “ PRE-EXISTENT RIGHT ”, if any, could have been taken place by Smt. Sadhana Chaudhary, II Additional District judge, Ghaziabad declaring Paras Ram and Gajraj, being entitled to get the compensation of 50 – 50 percent calculated as Rs. 22, 74, 966.28 Paise i.e. each were entitled to get compensation amounting to Rs.11, 37, 483.14 Paise.
That surprisingly the decree was also prepared of said amount on 4-5-2002 against which the appellant fled review application on 9-5-2002 seeking review of the order dated [protected] passed by Smt. Sadhana Chaudhary, II Additional District Judge, Ghaziabad.
That on 9-5-2002 the appellant filed a writ petition before this Hon’ble court bearing writ petition no. 38064 of 2002 with the following prayers :-

1) issue a writ order or direction in the nature of writ of prohibition restraining the respondents from disbursement of amount awarded in pursuance of judgement dated [protected] in L.A.R. No, 421 of 1992 under section 30 of Land Acquisition Act, during the pendency of Reference 18 of the Act between the parties.
2) issue a writ order or direction in the nature of mandamus to declaration of the amount of Rs.22, 966.28 paise on the basis of impugned judgement dated [protected] in favour of respondent no. 4 and 5 in the proceedings u/s 30 decided like a declaratory suit by setting aside the registered sale deed executed on 25-11-1968 as unconstitutional and void.
3) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated [protected] passed by respondent mo.6 rejecting the transfer application no, 397 of 2002,
4) Issue a writ order or direction in the nature of mandamus in the alternative that proceedings of review application no. 31 of 2002 may kindly be directed to be decided by some other Addl. District judge in view of the fact that matter was referred to the Hon’ble Chief Justice for initiating an enquiry and for directing the same to be decided by the Court nominated by District Judge, Ghaziabad.
5) To issue any other suitable order or direction which this Hon’ble Court may deem fit and proper in the present circumstances of the case.”

That in the meantime, since the memo of appeal was also prepared in July, 2002 for which the appellant was not sure as to whether the Ad-volerum court fees amounting to Rs. 1, 71, 032.50 Paise is required to be paid or not ?, after filing the writ petition no. 38064 of 2002 ( Major Jasbinder Singh Bala Vs. II Addl. District Judge Ghaziabad & others), it was deemed proper to filed the defective First Appeal no. (248) of 2002.
That the facts regarding preparation of the First Appeal was clearly mention in the Paragraph no. 42 of the writ petition, which states the clear picture emerged at the time of filing the writ petition on 5-9-2002 and regarding the preparation of memo of appeal stating Rs. 1, 71, 032.50 Paise reported as Ad-volerum court fees required to be paid. Thus filing of writ petition and filing of defective First Appeal being considered by taking all such back grounds into mind, it is submitted that the appellant has availed both the remedies with the different prayers, on which the writ petition no. 38064 of 2002 and the defective First Appeal was filed on 5-9-2002. The paragraph no. 42 of the writ petition no. 38064 of 2002 is reproduced as under :-
“ 42. That the Appellant is also submitted that there is no remedy for the Appellant to challenge the order and decree dated [protected] and 4-5-2002 respectively passed by IInd additional District Judge, Ghaziabad in L.A.R. no. 421 of 1992 under section 30 of land acquisition Act. There is proceedings of section 54 of Land acquisition Act to file the First Appeal in respect of cases decided u/s 18 of the Land Acquisition Act, wherein a decree could have been passed after determination of amount in respect of entitlement of different claimants. In case the Appellant pursue the remedy of filing the appeal, he is required to deposits Rs.1.71.032.50 Paise as the Court fees for the said appeal as the courts fees ad-volerum is required to be paid. Thus the aforesaid appeal is neither amenable for the Appellant to have been filed by depositing such a huge amount for conferring his right specially under the circumstances when the respondents has himself proceeded to file the writ petition no. 23591 of 192, it has been held in Smt, Shyamlata Jauhari vs. Collector, reported in 1990 A.W.C. page 1234 that the award given by land Acquisition Officer is not a decree within meaning of section 2 (2) of C.P.C. and as such, the same is not tenable for execution by Civil court and thus the writ petition is amenable for realization of compensation awarded by Special Land Acquisition Officer.”
That an application was filed by the appellant under Chapter V Rule 8 of High Court Rules seeking connection of all 4 writ petitions bearing writ petition no. 23591 of 1992, writ petition no. 19462 of 1999, writ petition no. 19555 of 1999, writ petition no. 19572 of 1999 and defective First Appeal no. (248) of 2002 by nominating bench of division bench, the following report was submitted to the Hon’ble Chief Justice and his lordship has taken decision by an order dated 17.11.2003 by nominating bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan J. the order passed by the Hon’ble Chief Justice are reproduced as under :-
“ In his application dated 4th November 2003 filed in Civil Misc. Writ Petition No. 38064 / 2002, Sri Y.K. Saxena, Advocate, counsel for Appellant has made a prayer that the said writ petition be decided along with writ petition no. 23591/1992, Paras Ram Vs. State of U.P. and other, writ petition no. 19572/1999 Paras Ram Vs. IInd Additional District Judge, Ghaziabad and others, writ petition no. 19462 /1999 Paras Ram Vs. IInd Additional District Judge, Ghaziabad, writ petition no. ------ Gajraj Vs. IInd Additional District Judge, Ghaziabad ( the number of the writ petition has not been mentioned in the prayer but it appears that writ petition Number should be 19555/1999) and First Appeal Defective No. 248/2002, to avoid multiplicity of proceedings.
By order dated 09-09-2002, writ petition nos. 19462/1999 and 19555/1999 have been connected with this writ petition ( W.P. No. 38064/2002 )
In the present writ petition (No. 38064/2002) the Appellant has prayed for issuing a writ of prohibition restraining the respondents from disbursing the amount awarded in pursuance of judgment passed in L.A.R. 421/1992 (with respect to land Khasra No. 45 area 2-3-0 and Khasra No. 639, area 5-0-0), situated at Prahlad Garhi, Loni, Ghaziabad.
In writ petition no. 23591/2002 the Appellant has sought a writ of mandamus directing respondent to make payment of compensation in respect of the same land (Para No. 1 of this writ petition).
In writ petition No, 19572/1999, the Appellant has sought a relief of certiorari quashing order dated 07-0 –1999 rejecting the application of the Appellant to decide the point of res judicata preliminarily, and also seeking mandamus to decide the same. A prayer for stay of the proceedings of the said case has also been made. The case mentioned in the said petition is also in respect of the land ( para no. 4 of the petition).
In First Appeal Defective No. 248/2002 the award of compensation made in respect of the acquisition of the aforesaid land has been challenged.
In view of the aforesaid facts, all the above cases relates to the same subject matter.
Report submitted for kind perusal.”
“” The matters are assigned to the bench presided over by Dr. B.S. Chauhan, J.””
Sd. Hon’ble The chief Justice Dated 17-11-2003
That in the meantime since the appellant on account of his being pauper and thus unable to pay the court fees moved an application under Order 44 Rule 1 C.P.C., the opposition was made by the counsel of Paras Ram and Gajraj on the said application.
That not only this the counsel for Paras Ram and Gajraj have raised their objections regarding the pendency of defective appeal as well as writ petition no. 38064 of 2002 being pursued simultaneously and at this stage when they have built up the pressure, then on account of settled proposition of law declared in case of Dr. Grant case reported in A.I.R. 1966 S.C. 237 followed by case of State of Bihar vs. Sharda Devi 2003 S. C. C. (3) 128, Mehar Rusi Dalal 2004 S.C.C. (7) 362, it was permitted to withdraw the defective First Appeal to the counsel for the appellant as the appellant has already requested to his counsel, that he may not proceed the first appeal on account of non-availability of such a huge amount of court fees amounting to Rs. 1, 71, 032.50 paise.
That the impleadment application was allowed by this Hon’ble Court on the same date having the impleadment of state of U.P. through Secretary Avas, Secretariat, Lucknow and District Magistrate/ Collector Ghaziabad as parties to array of respondents being respondent no. 7 and 8 respectively, which was also incorporated on 18.12.2003 by the counsel for the appellant, The order allowing the impleadment application and inviting counter affidavit on two amendment applications ( one for seeking quashing of order dated 3-2-2003 passed by Smt. Sadhana Chaudhary IInd Additional District Judge, Ghaziabad for which amendment application was filed on [protected] and another amendment having writ of certiorari for setting aside the judgement dated [protected] and 4-5-2002 passed by Smt. Sadhana Chaudhary IInd Additional District Judge, Ghaziabad ).
That the said orders were passed in view of facts that the Hon’ble Supreme Court has laid down in number of cases including in case of Dr. Grant case (Supra ), Smt. Sadhana Chaudhary IInd Additional District Judge, Ghaziabad has not only committed an error by deciding the reference of section 30 of L. A. Act pertaining to apportionment like that of civil suit, but also decided the pre-existing right therein. The orders passed by Smt. Sadhana Chaudhary IInd Additional District Judge, Ghaziabad on [protected] and 4-5-2002 are non est and nullity, which can appropriately be challenged by incorporating additional prayer and thus the burden of this Hon’ble court will be lightened for deciding the fact as to whether ad-volerum court fees is at all may be required to be paid and as to whether the appellant is an indigent person or not ?. Thus in this back ground coupled with incapability of appellant to pay the aforesaid court fees, the defective First Appeal was withdrawn by keeping into mind that same is not amenable against a judgment regarding apportionment of compensation claim decided under section 30 of the Land Acquisition Act.
That in this context, it is further submitted that as the appeal lies only against a judgement passed in reference under section 18 of L. A. Act i.e. under section 54 of L. A. Act and when the provisions of appeal are itself in existence in the aforesaid special enactment created by the Parliament, there may not be the appeal required to be filed under section 96 against the order and decree passed under section 30 of L. A. Act by Smt. Sadhana Chaudhary IInd Additional District Judge, Ghaziabad having the adjudication of the said proceedings as that of civil suit and that too regarding pre-existing right fabricated on account of wrong mutation entry obtained by Paras Ram by committing fraud upon the statute and also to the proceedings of this Hon’ble Court, which were simultaneously conducted by them ( Paras Ram and Gajraj ) on the basis of which the bench presided over by DR. B.S. Chauhan was nominated by the Hon’ble Chief Justice. Thus withdrawal of defective first appeal may not construed as that of forfeiture of rights of appellant for ever as he has acted on the basis of legal advise taken from different lawyers of Hon’ble Supreme Court as well as the lawyers of this Hon’ble Court and thus without moving any application the defective first appeal was permitted to be withdrawn by the nominated bench of Hon’ble Mr. Justice Dr. B.S. Chauhan, J.
That ultimately on 10-11-2005, when the arguments were advanced by the counsel appearing on behalf of Paras Ram then all the 5 writ petitions were taken together and at that time an objection was raised that writ petition no. 38064 of 2002 us barred by constructive Res judicata on account of dismissal of defective first appeal no. (248) of 2002 filed in respect of similar relief. The counsel appearing on behalf of Paras Ram and Gajraj also raised the allegation of forum hunting. It is submitted that when the counsel for the appellant made counter allegations against Paras Ram and Gajraj regarding forum hunting by filing writ petition no. 23591 of 1992 and writ petition no. 19462 of 1999, writ petition no. 19555 of 1999 and writ petition no. 19572 of 1999, then all such writ petitions were sought to be withdrawn on 10-11-2005 itself.
That similarly the writ petition no. 19462 of 1999, writ petition no. 19555 of 1999 and writ petition no. 19572 of 1999 were also sought to be withdrawn on 10-11-2005 as the allegation of forum hunting raised against the rank usurpers Paras Ram and Gajraj may not be leveled against them and as such they sought for withdrawal of all 4 writ petitions and the matter was confined only to writ petition no. 38064 of 2002 by forgiving all such back grounds remained there at the time of filing the aforesaid writ petition and connecting all such 5 writ petitions and defective appeal by an order dated 17-11-2003.
That ultimately when the matter came up for hearing on 10-11-2005 then the counsel appearing on behalf of Paras Ram in writ petition no. 23591 of 1992 sought for withdrawal of recall application filed against the order dated [protected] being dismissed as not pressed.
That on 17-11-2005 in the judgement passed in writ petition no. 38064 of 2002, the preliminary objections raised on behalf of respondent no. 4 and 5 have been upheld and writ petition no. 38064 of 2002 was dismissed.
That against the dismissal of writ petition no. 38064 of 2002, the appellant filed the Special Leave to Appeal no. 2946 of 2006 before the Hon’ble Supreme Court, which has been dismissed simplicitor in limine without permitting the appellant to get it converted in Civil Appeal, may not bar the filing of the present Review application before this Hon’ble Court.
That since this Hon’ble Court has taken into consideration that writ petition no. 38064 of 2002 was having the identical prayer as that of prayer of first appeal for setting aside the judgement and decree dated [protected] and 4-5-2002 in L.A.R. No, 421 of 1992, the writ petition no. 38064 of 2002 is barred on the ground of constructive res judicata.
That the Hon’ble Supreme Court in case of Kunhayamad vs. State of Kerala 2000 (6) SCC 359 has held that dismissal of Special Leave to Appeal simpliciter will not deprive the appellant to avail the remedy of review under Order 47 Rule 1 C.P.C. as the prohibition lies for filing the review is only after conversion of Special Leave to appeal in Civil Appeal before the Hon’ble Supreme Court. Thus the prayer is sought for recall of the order dated 17-11-2003 passed in the present defective appeal under the wrong legal perceptions regarding the challenge made therein is based upon de hors to the provisions of section 30 of L.A. Act as well as non est and nullity within eyes of law.
That the appellant is an Ex-Army personnel and on account of incapability of the appellant to approach this Hon’ble Court in the different forum of redressal of grievances and thus remained acting on the basis of advise given by the many prominent counsel of Hon’ble Supreme Court and only thereafter has instructed his counsel to withdraw the defective first appeal on 17-11-2003 as the appellant remained under the impression that writ petition no. 23591 of 1992 and three other writ petitions filed in the years 1999 are maintainable, while the appeal does not lies under section 54 and section 96 may not be attracted in the present case. That it is, however, in fact and circumstances of case that this Hon’ble Court has held on 17-11-2005 that writ petition no. 38064 0f 2002 is not maintainable and the Special Leave to Appeal filed against the said judgment has been dismissed summarily. The appellant is seeking recall of order dated 17-12-2003 that the appellant is a old person running at the age of 83 years and suffering from malign cancer. He has got the impairment of speech and is unable to walk like that of ordinary person. He has given a youth time for protecting integrity of our nation till his retirement after 1965 war and thus the appellant is tendering his unqualified apology for permitting him to withdraw his defective appeal by giving said instruction to his counsel under the wrong legal advise of prominent counsel practicing in Hon’ble Supreme Court. That under these circumstances, it is expedient in the interest of justice that the order dated 17-11-2003 may kindly be recalled / reviewed in the light of aforesaid circumstances of case. The defective appeal may be restored to its original number, as justice may be done with the rights of the appellant.
Hon’ble Justice Dr. B. S. Chahan refused to pass any order on the recall application as he pressurised the appellant to withdraw his First Appeal Defective No. 248/2002 on 17-11-2003, when F.A.F.O. 464 of 1990 he observed in open court that as per the ratio laid down in Dr. Grant Case, A.I.R. 1966 S.C. Sarda Devi Case, Smt, Shyamlata Jauhari vs. Collector, reported in 1990 A.W.C. page 1234, the Appeal U/S 54 of Land Acquisition Act is not maintainable, nor the sale deed dt. 25-11-1968 executed by Gaj Raj Singh in favour of Major Jasbinder Singh Bala can be cancelled by Smt. Sadhana Chaudhary 2nd A.D.J. Gaziabad can be cancelled. Smt. Sadhana Chaudhary 2nd A.D.J. Gaziabad has been removed from service. The other judge joining with Hon’ble Justice Dr. B. S. Chahan remained Junior to senior Advocate and participated F.A.F.O. 464 of 1990 on behalf of the opposite parties, and despite calling for the file of F.A.F.O. 464 of 1990 connected with writ petition No. 29591 of 1992 dismissed on 23/9/1996 by Hon’ble Mr. Justice B. M. Lal and Hon’ble Mr. Justice J. S. Siddhu decided the matter on 17-11-2005 justifying the cancellation of sale deed dated 25-11-1968 in reference U/S 30 of Land Acquisition Act.
Even the defective First Appeal No. 248/2002 withdrawn on 17-11-2003 on the persuasion of Hon’ble Justice Dr. B. S. Chauhan, when his lordship observed in open court that as per the ratio laid down in Dr. Grant Case, A.I.R. 1966 S.C. Sarda Devi Case, Smt, Shyamlata Jauhari vs. Collector, reported in 1990 A.W.C. page 1234, the Appeal U/S 54 of Land Acquisition Act is not maintainable. Hon’ble Justice Dr. B. S. Chauhan refused to pass any order on such application of recall of his lordship oral Prayer’s educative order dated 17.11.2003 and directed the matter to be listed on the ordinary Course. The other Senior Advocate, being the influencing lawyer got the payment of Rs. 22, 74, 966.28 /= given to Gaj Raj Singh and Paras Ram through S.L.A.O. Gaziabad.

Major Jasbinder Singh Bala, S/o Sri Bachan Singh Bala, R/o- Bala Farm, Sector –9 Vaishali, Ghaziabad

Complaint in respect of functioning of Justice Dr. B.S. Chauhan in respect of his functioning as Allahabad High Court Judge, Now elevated as Chief Justice of another High Court
To,
My lord The Chief Justice Of India,
Hon’ble Supreme Court Of India,
New Delhi
Reference:- The Division Bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta has decided the special appeal No. 1369 of 1999 wholly without Jurisdiction, as the jurisdiction to hear and decide the same on 26.10.2006, the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2 Gupta under the prerogative and the authority of the Hon’ble chief justice in consonance with the requirement of Chapter V Rule 1 of Allahabad High Court Rules. It is submitted that the Special appeal no. 1369 of 1999 was not even listed in court no. 34, but since the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in dismissed special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta. There is a complete procedure prescribed for having the jurisdiction being conferred by Hon’ble the Chief Justice for deciding the special appeal and without any nomination being conferred to the particular Hon’ble Division Bench by the specific order of Hon’ble Chief Justice, the jurisdiction conferred and allotted to them by the order of Hon’ble Chief Justice or in accordance with his lordship’s direction under Rule 1 of Chapter V of Allahabad High Court Rules, 1952 The judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 is contradiction to the order passed in special appeal No. 860 of 1999(Dismissed on 2.4.2004), special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004). All the Appellants filed their appeals against the same judgement, and the appellants of special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004)were also impleaded as respondents in present special appeal no. 1369 of 1999 and thus the judgement passed ex-parte in special appeal no. 1369 of 1999 on 26.10.2006 is passed against the principle of natural justice causing prejudice and barred by constructive Res- judicata
Subject:- Direction may be issued for deciding the matter pertaining to recall of order and judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 passed wholly without Jurisdiction by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta as the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in dismissed special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta, when the Special appeal no. 1369 of 1999 was not even listed in court no. 34 as the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2
The submission of the petitioner Prem Shankar Sharma, aged about 64 years, son of Sri Ram Bhajan Lal Sharma, , Lecture in English (Retired) in Ambika Prasad Intermediate College, Near Police station, Moradabad resident of Mohalla- Shuklan (Near Chaurasi Ghante of Mandir) Moradabad, District Moradabad in this regards are as under.
That the Petitioner was appointed as Lecturer in English in the institution on 9.8.1968. He was confirmed after completion of probation period on 9.8.1969. He was the member of Rashtriya Swamsevak Sangh and as such he was detained under the maintenance of Internal Security Act from 14.8.1975 to 30.3.1977. He was again detained under National Security Act (N.S.A.) on 1.11.1980 upto 10.12.1980 and despite the aforesaid preventive detention; the respondents paid the petitioner salary. That third time when on 11.7.1987 the petitioner went to Govt. Inter College, Moradabad to take training under the new education policy, he was detained under the provisions of Internal Security Act. That the petitioner was taking the training alongwith the principal of institution and one Khajan Giri and as such he told the Principal to inform the Manager about his arrest, but still the Manager wrote a letter on 24.7.1987 stating therein that the petitioner did not attend the college and was not present in the institution on 21.7.1987.That on 27.7.1987 the petitioner wrote a letter that he was arrested by the Police at the gate of Govt. Inter College, and had been lodged in district Jail Moradabad from 11.7.1987. This letter was sent through district Jail Moradabad and the same was communicated to the Manager, who sent the aforesaid letter to the D.I.O.S. Moradabad on 31.7.1987.That the members of Bhartiya Janta Party shown its resentment against the illegal detention of the petitioner and the news to this effect was published in Amar Ujala on 16.7.1987. Thus the management knew the fact regarding the absence of petitioner on account of unavoidable circumstances of his illegal detention, but still the allegation of absent from leave was leveled against the petitioner.That Sri Kameshwar Nath Mishra, Senior Lawyer of District Court Moradabad and the Vice-President of Committee of Management of Institution passed resolution on 15.7.1987 seeking bye cot of all the courts Moradabad on account of illegal arrest of petitioner. That still the resolution was passed on 4.9.1987 to give a notice to the petitioner as to why he remained absent from 11.7.1987 and sought for his explanation. The notice was sent to the petitioner in jail on 10.9.1987 stating therein that why his services should not be terminated. The explanation of petitioner regarding his absence being beyond his control as had been detained under the National Security Act and the earlier information sent to the manager on 27.7.1987 was not taken into consideration by the management. That the charges were in respect of previous detention for which the petitioner was paid his salary was also leveled as the first charge, while the second charge was falsely concocted, as the petitioner did not give any information regarding his detention, nor gave any leave application. The petitioner explained every thing in his letter dated 21.1.1988 and said that he is district Jail due to illegal detention and as such the absence of petitioner was beyond his control. The sole reason for the detention of the petitioner was that he was the District Secretary of Bhartiya Janta Party. That the petitioner was suspended, but the suspension order was revoked after 60 days. It is submitted that after being released from the preventive detention on 11.7.1988, the petitioner was directed to put his signature in the office of D.I.O.S. Moradabad, as the Management did not allow the petitioner to resume his duties. The petitioner was paid salary by the D.I.O.S. even after the preventive detention. That despite all such facts the matter was referred to the U.P. Secondary Education service Commission, Allahabad to whom petitioner sent a letter on 24.2.1989 seeking setting aside the proposal of the Committee of Management, but the one member committee who was not even authorized to conduct the enquiry recommended for termination of services of the petitioner and thereafter the U.P. Secondary Education service Commission, Allahabad on 28.7.1989 granted approval to the proposal for termination.That one member committee of O.N. Shah who remained Assistant Manager of the Committee of Management of the Institution on 17.5.1987 and was the Principal of S.S.K. Inter College could not be appointed as one member committee and his recommendation to dispense with the services to the commission were void-ab- initio and as such the subsequent order of termination dated 1.9.1989 on the baseless, misconceived and frivolous charges was liable to be set aside, which was done by the reasoned judgement passed on 11.8.1999 in writ petition no. 24443 of 1989.
The said judgement was challenged by the Committee of Management in Special Appeal no. 840 of 1999.That after the dismissal of special appeal no. 840 of 1999 when the recall application was filed without serving the copy of said application to the counsel for the petitioner, then the division bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta after going through the contents of the counter affidavit filed in the said application seeking recall of the order dated 23.11.2003, summoned the file of the special appeal no. 860 of 1999 (filed by Sudhir Kumar dismissed on 2.4.2004), the Special Appeal no. 907 of 1999 (filed by U.P. Secondary Education Service Commission dismissed on 14.9.1999) and also the record of pending present Special appeal no. 1369 of 1999, simply to ascertain the matter in consonance with the requirement as to whether the recall application filed on behalf of the committee of management may be allowed or the same may be dismissed in absence of any rejoinder affidavit to the allegations made in the counter affidavit filed by the petitioner. That the special appeal no. 840 of 1999 was dismissed as not pressed on 23.11.2003 by the Division Bench presided over by the Hon’ble Dr. B.S. Chauhan and Hon’ble Dilip Gupta, JJ. The aforesaid appeal was filed by the Committee of Management of Ambika Prasad Intermediate College, Moradabad challenging the judgement and order dated 11.8.1999 passed by Hon’ble Mr. Justice V.M. Sahai J in writ petition no. 24443 of 1989 (Prem Shankar Sharma Vs. State of U.P. and others). Thereafter an application for recall of the order dated 23.11.2003 purported to have been passed in the Special Appeal no. 840 of 1999 without annexing the judgement dated 23.11.2004 dismissing the aforesaid Special Appeal no. 840 of 1999 was filed without serving the copy of said application to the counsel for the Petitioner. That the Petitioner filed the counter affidavit in reply to the affidavit filed in support of the recall application. It was stated that the judgment can not be recalled by moving an application at belated stage and the copy of the same is not given to the counsel appearing on behalf of answering respondent. That it was further stated that the said application is filed without having any explanation regarding non-filing of application seeking condonation of delay. Thus the same is not maintainable and liable to be rejected. That it was further stated that the Special Appeal no. 860 of 1999 filed by Sudhir Kumar against the same judgement dated 11.8.1999 passed by Hon’ble Mr. Justice V.M. Sahai, J has been dismissed on 2.4.2004. This person Sudhir Kumar was inducted as the Lecturer in English after dispensing the services of the petitioner. However, when the writ petition no. 24443 of 1989 was allowed on 11.8.1999, then the services of Sudhir Kumar were terminated and as such he filed the Special appeal no. 860 of 1999, which was also dismissed and thereby reaffirming the judgement dated 11.8.1999. That the special appeal no. 907 of 1999 was filed against the same judgement passed on 11.8.1999 by Hon’ble Mr. Justice V.M. Sahai in writ petition no. 24443 of 1989, but that special appeal was also dismissed as misconceived and also being filed without any locus-standi by the judgment dated 14.9.1999.
That on 26.10.2006 the jurisdiction to here the listed special appeals for the year of 1999 for hearing including the bunch cases was conferred by the authority of Hon’ble Chief Justice to the division bench presided over by their lordships Hon’ble Mr. Justice R.K. Agrawal and Hon’ble Mr. Justice Vikram Nath in Court no.2. It is submitted that the present Special appeal no. 1369 of 1999 was not even listed in court no. 34, but since the record of the said special appeal no. 1369 of 1999 was summoned in furtherance of recall application filed in special appeal no 840 of 1999 by the bench presided over by Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Justice Dilip Gupta and as such only to ascertain the facts stated in the counter affidavit and in the affidavit filed in support of the alleged recall application, the records of three aforesaid special appeal was summoned, wherein the name of the counsel appearing on behalf of petitioner/respondent namely Sri Ashok Khare, Advocate was the only name mentioned in special appeal no. 1369 of 1999. That the Standing counsel was not prepared to argue the matter pertaining to the special appeal no. 1369 of 1999 filed by the State of U.P. in absence of the same not being listed in court no. 34 and in absence of Sri Ashok Khare, senior Counsel appearing in the said appeal on behalf of petitioner. This fact has been brought to the notice of the deponent by his counsel appearing in Special appeal no. 840 of 1999, which was dismissed on 23.11.2004.That the division bench presided over by Hon’ble Justice Dr. B.S. Chauhan enquired about the matter from Sri V.K. Singh Advocate appearing in special appeal no. 840 of 1999 and also enquired from the counsel for the respondent only about the controversy involved in all such special appeal out of which three special appeals were already dismissed while the special appeal no. 1369 of 1999 filed by State of U.P. was surviving. The counsel informed that the question as to whether a teacher while detained under Preventive detention could have been said to be voluntarily absenting from duty on the basis of which without affording any opportunity, the services of such teacher may be dispensed with in gross violation of the principle of natural justice and the case law relied upon in the judgement dated 11.8.1999 (state of Madhya Pradesh Vs. Rama Shankar Raghuvanshui A.I.R. 1983 S.C. 374), (M.H. Devendrappa Vs. Karnataka State in Small Industries Development Corporation. A.I.R. 1988 S.C. 1064), Sarnam Singh Vs. Smt Pushpa Devi 1986 (1) U.P.L.B.E.C. page 348 and Anukool Chandra Pradhan Vs. Union of India A.I.R. 1997 S.C. 2814, State of Orissa Vs. Dr. Miss. Bina Pani Dei and others 1967 (2) S.C.R. 625 (Para-9), Mohinder Singh Gill VS. Chief Election Commissioner 1978 (2) S.C.R. 272 (Para-9), State of West Bengal Vs. Anwar Ali Sarkar 1952 S.C.R. 284 followed in D.K. Yadav Vs. M/S J.M.A. Industry J.T. 1993 (3) S.C. 617 as well as the provisions of Regulation 35, 36, 37, 38, 39, 40, 44 and 45 read with section 16 (G) (3-A) as provided under Chapter III of the U.P. Intermediate Education Act, 1921 and rule 6 of rules framed under Act no. 5 of 1982 referred in the judgement dated 11.8.1999 were indicated as the controversy involved regarding unavoidable incident relating to the arrest under preventive detention, which is not pertaining to any criminal activity, but simply on account of participating into association under Article 19 (1) ( C) of the Constitution of India. The matter was not argued by the standing counsel, but in the judgment allegedly delivered on 26.10.2006, it has been falsely mentioned that the case was argued by the learned standing counsel appearing for the State Appellant. The counsel for the petitioner in Special Appeal No. 840/1999 Sri Yogesh Kumar saxena, Advocate informed the deponent that it was only Sri V.K. Singh, Advocate appearing in Special appeal No. 840/1999, who placed the controversy involved in his special appeal no. 840 of 1999.That on 1.11.2006, when the matter was shown to be listed in the cause list of court no. 34 regarding the delivery of the order in the recall application filed in special appeal no. 840 of 1999 then counsel for the petitioner was informed that since the special appeal no. 1369 of 1999 filed by the State of U.P. was also liable to be dismissed and as such it has been shown to be decided on 26.10.2006 in the cause list of 1.11.2006. That upto this time i.e. 1.11.2006 there was no existence of the order alleged to have been passed on 26.10.2006 in the special appeal no. 1369 of 1999 on the basis of which the recall application was decided as no order is required to be passed on this application, but subsequently thereafter when the message of dismissal of special appeal no. 1369 of 1999 was communicated to the petitioner, then counsel for the petitioner came to know about the existence of the order. He applied for the order in anticipation that the special appeal bearing special appeal no. 1369 of 1999, which was earlier filed as (defective) appeal no. 630 of 1999 might have been dismissed as there may not be the inconsistent order in the said appeal after dismissal of three special appeals filed against the same judgement, in which the committee of Management and Secretary U.P. Secondary Commission remained at the array of respondents and were duly represented by their respective counsels. That, although the order passed on 23.11.2004 dismissing the Special Appeal No. 840 of 1999 has been affirmed by the order dated 26. 10. 2006 passed on Recall application, as it has been noted that in view of the judgement passed in special appeal No. 1369 of 1999, no order is required to pass on the recall application. Thus it appears that even by this order passed on 26.10.2006, the Hon’ble Division Bench dealing with the recall application in special Appeal No. 840 of 1999 did not find any merit in the said appeal. The Hon’ble division bench Presided by Hon’ble Dr. justice B. S. Chauhan adopted a unique manner in deciding the present Special Appeal wholly without jurisdiction purported to have decided on the same day, to which no person could have decided in the open court on 26.10.2006, otherwise their was no occasion for listing of the case on 1.11.2006 in the cause list for appropriate order on the recall application filed in Special Appeal no. 840 of 1999. Thus the judgement passed in special Appeal is bad in the light of the legal fiction that what not be done directly in absence of jurisdiction, the can not be done indirectly by the Hon’ble Division Bench presided over by Hon’ble Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta in passing the judgement on 26.10.2006 passed in special Appeal No. 1369 of 1999.
That in this manner since the judgement passed in the special appeal no. 1369 of 1999 by the bench presided over the Hon’ble Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta is the judgment passed in absentia of the counsel of the petitioner/respondent appearing in the said appeal namely Senior Counsel Sri Ashok Khare, Advocate for the petitioner in writ petition no. 24443 of 1989, which was the only name printed as the sole name of the opposite party; and the same special appeal no. 1369 of 1999 was neither listed for hearing under the caption of the jurisdiction, nor there had been any serial number mentioned against the said listing of the special appeal, regarding which, the communication could have been made to the senior counsel Sri Ashok Khare, Advocate appearing on behalf of petitioner by the other counsel appearing in special appeal no. 840 of 1999 at the time of its dismissal on 23.11.2004. There was no jurisdiction conferred with the division bench presided over by Hon’ble Mr. Justice Dr. B.S. Chauhan and Hon’ble Mr. Justice Dilip Gupta to decide the special appeal of the year of 1999 as the jurisdiction of the same was conferred before court no. 2 under the prerogative and the authority of the Hon’ble chief justice in consonance with the requirement of Chapter
V Rule 1 of Allahabad High Court Rules. The judgement dated 26.10.2006 passed in Special Appeal 1369 of 1999 is contradiction to the order passed in special appeal No. 860 of 1999(Dismissed on 2.4.2004), special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004). All the Appellants filed their appeals against the same judgement, and the appellants of special appeal No. 907of 1999 (Dismissed on 14.9.1999 and special appeal No. 840 of 1999 (Dismissed on 23.11.2004)were also impleaded as respondents in present special appeal no. 1369 of 1999 and thus the judgement passed ex-parte in special appeal no. 1369 of 1999 on 26.10.2006 is passed against the principle of natural justice causing prejudice and barred by constructive Res- judicata as held in Sarguja Transport Service versus State Transport appellate Tribunal (1987)1 S. C. C. 5.( paragraph 7)

That it is submitted that there is the complete procedure prescribed for having the jurisdiction being conferred by Hon’ble the Chief Justice for deciding the special appeal and without any nomination being conferred to the particular Hon’ble Division Bench by the specific order of Hon’ble Chief Justice, the matter may not be decided by another coordinated Hon’ble Division Bench, except the Hon’ble Division Bench having the jurisdiction conferred to the different benches as per the circulation of cause list circulated to the Hon’ble benches and members of the Bar.
That the constitution of the benches as per the jurisdiction conferred and allotted to them by the order of Hon’ble Chief Justice or in accordance with his lordship’s direction under Rule 1 of Chapter V of Allahabad High Court Rules, 1952. The Registrar shall subject to such direction as Hon’ble Chief Justice may give from time to time caused to be prepare a cause list for each day on which the court sits containing the list of cases, which may be heard by different benches of court under Rule 6 of Chapter VI of High Court Rules, 1952.
That an application for expediting of hearing of case or for listing a case out of term or for removal of case to be tried and determined by the court under Rule 4 or for withdrawal of a case under Article 228 of the Constitution of India shall be laid before Hon’ble Chief Justice (or any other judge of a bench nominated by Chief Justice in respect of any case or class of cases) for orders. Thus for having an out of term hearing of a case, the application is required to be moved before the Hon’ble the Chief Justice.
That in this manner, it is crystal clear that if the case is not listed in the cause list after determination of heading for what purposes aforesaid matter is being listed, the other coordinate Division Bench dealing with other jurisdiction shall not be empowered to decide such case except by getting the nomination of the matter by the order of Hon’ble Chief Justice.
That the other aspect of the matter is pertaining to the determination of the reason for which a particular case is being listed in the cause list circulated to the bench and the members of Bar, the case may not be decided by any other coordinated Division Bench without it being posted for hearing.
That the Allahabad High Court Rules, 1952 have been promulgated in exercise of the power conferred under Article 225 of the Constitution of India and all other powers enabling it on that behalf. Thus the strict observation and compliance of mandatory provisions is required to be observed by the Hon’ble Court in consonance with requirement of Principle of equity, fairness and in such circumstances if the practice and procedure prescribed in this regard is not followed then the deviations from the rules of court may violate Article 14 of the Constitution of India.
That in the light of the aforesaid legal propositions advanced by the deponent / writ petitioner, it is submitted that the present special appeal without being listed in the daily cause list either under the separate serial number in the cause list, nor it remain listed with the appropriate heading ‘For Hearing’, but the same has been decided without giving notice to the counsel appearing for respondent.
That under the provisions of Chapter V Rule 1 of High Court Rules, 1952, the sole prerogative of the Hon’ble Chief Justice to decide the particular subject matter conferred on particular bench for particular period. If the decision of the subject matter by some other bench is taken up without being listed at the serial number under the heading of the hearing or without the case being Part-heard or tide-up, if the decision is given by the other bench without nominating by the Hon’ble Chief Justice the judgement will be without jurisdiction and nullity.
That, it is in the interest of justice that the order dated 26.10.2006 passed in Special Appeal no. 1369 of 1999 may be set aside and the Hon’ble Chief Justice refer the matter to Hon’ble Three Judges, as justice may be done with the rights of the applicant/petitioner.
Prem Shankar Sharma, aged about 64 years, son of Sri Ram Bhajan Lal Sharma, , Lecture in English (Retired) in Ambika Prasad Intermediate College, Near Police station, Moradabad resident of Mohalla- Shuklan (Near Chaurasi Ghante of Mandir) Moradabad, District Moradabad

Is This Liberty granted under Article 21 of Constitution of India to convert a Hindu girl as Prostitute by protecting the abductor Muslims indulged in Jihad?
A teen age daughter of a defenseless Non Violent Hindu Community (Non aggressive potential on Ethics) to countermand the move of the mob-orientation Islamic expansion, even after the partition of India and creation of Pakistan on separatists theory of two Nations having different ideology), has been compelled to become prostitute as her abductor has left her in lynch on the floor of society to start her trafficking through her flesh in red light area. The only fault of this Hindu girl is that under the false promises to make her queen of his empire and being seduced under such false perception had married a Muslim boy mastermind in such sentimental exploitation of these exhilarant situation, in which any innocent girl simply on account of her tender heart may be bluffed by such professionals to outrage her sentiments through molestation. She became trapped in the situation, the moment she leaves the parental home with such Muslim fanatics and thereafter is produced with forged certificate of conversion in Islamic tradition and than a Nikah Nama from a Quazi, which is taken as sacrosanct proof of the willing ness in our country by the constitutional Courts exercising their jurisdiction under Article 226 of the Constitution of India. Even the First Information reports Under Section 363, 366 I.P.C. lodged by the father of innocent deceived Hindu Girls are quashed by High Court. The challenge is being made for issuance of Writ of Habeas Corpus by this abductor to get the protection from police, in case this girl makes some cry against her forcible molestation at the prostitution centre. These Innocent Hindu Girls are “MALLEY GANIMATEYEN” (Innocent abducted Hindu Girls). Hindu Ethos Prevalent amongst the Intelligentsia encourages Maqhool Fida Hussain, a sadistic perverse Muslim believing in the concept of “Hurreyen” and “Nihamateyan” for Molestation for their Cousin sisters and seducing Hindus son on seventh ocean is such a sadistic in drawing satisfaction by hurting the sentiments of nationalists to attempt for committing the perversity upon portrayal of deities projecting sexual union with animals without being aware with the history of the period of subjugation and abrogation of these people gratifying a Slave’s frustrated Ego Indian denigrate during the payment of Jazia Tax (khirajguzar) may allow without hesitation Quazi (Mughisuddin of Bayana) to spit in their mouth. Hindus were afraid and concealed their resentment towards invaders, who were the object of hatred. What we face today in Kashmir is on account of non aggressive and apathetical attitude towards such atrocities.
Even the further criminal proceedings of such criminal cases are stayed in exercise of the Jurisdiction conferred upon High Court under section 482Cr.P.C.. Is this done by High Court to protect Article 21 of Constitution of India?. If so, to whom such protection is ultimately conferred? Whether High Court has become a Marriage Bureau for Muslim? Some time the argument is raised, that if one Muslim abduct even to four Hindu Girls at a time, where is the bar in our personnel law?. No court in India understand nor ever think of the proposition that there is only one fundamental right in constitution of India, which is Couched in positive language i.e. Article !9 of Constitution Of India. Under Article 19 having number of restriction imposed thereupon in Sub Articles 2 to 6 there under, while the rest Articles in Chapter of Fundamental Rights are Duties and are the corresponding duty caste upon the Govt. to protect such rights including the enforcement of Rights conferred Under Article 14 and 21 by the Executive and Upon Legislative powers of Govt..
Unfortunately we do not know any thing about Muslim Religion. Can a Hindu girl brought up in a non violent atmosphere tolerate the crucifying the cow, goat and camel (Slow death after giving sever pain to these animal kingdom) in side home of these Muslim. Whether this girl so abducted know the meaning of sexual assault upon the instinct of male counter part even upon his own daughter in laws in the family. Women in Muslim are used as the tool to pacify the sexual desire of male, even by sodomy through their anus. Do any of these girls know about the existence of the paradise upon the seventh floor of our universe, where Hurreyen (Beautiful Girls) and “Nihamateyan” (Small teen age Boys) are available to clinch the lust of the sex. According to the estimate number as published in different news papers, that at least 6000 Hindu girls varying between the age of 12 years to 20 years are exported to these Arabian country for supplying them in terrorists camps. The meat of carnivorous animals is never eaten and only the innocent non violent vegetarian animals are eaten in the food by these agents of death on this universe and thus please save these girls from becoming the victim of dreaded slavery. These girls are compelled to pass through the life a prostitute, as the marriage is contact in Muslim Religion and one may put these Girls on the cross road of the street with no other option, except to commit suicide, in case the recital the three words are said by these abductors namely TALAQ, TALAQ and TALAQ. Thus judiciary of the High Court and Supreme Court, which is still not been able to get the enforcement of its own Judgments upon Muslim community regarding no Slaughtering of animals on religious place of Rishikesh, Uttarakand and Prohibition of the use of Loud Speakers to get the recital of Nawaj, Non obstruction of road during Five time of Nawaj and the encroachment of sensitive places for using them as MAJHAR as fortress to protect the terrorist activities, to get the Execution of the death sentence on Afjal in parliamentarian attack matter and to get the enforcement of Uniform Civil Code, may not start as the Proxy to get Hindu girl converted to Prostitutes any more.
Few years before, there was the flood of cases seeking construction of Mosque in the densely populated Hindu locality by the Muslim in order to protect their Right of Religion and the prayer was allowed by the High Court. I ask a question to myself that whether these power are being used by these judges in exercise of their Sovereign functioning of the sacrosanct Judicial Powers or there has been the transgression of discretionary power, for which action committing contempt can be initiated. These Judges have given their finding in Commission Enquiry report ( Justice U.C. Banerjee) appointed but Mr. Lalloo Prasad Yadav Railway Minister, that no such incident like Ghodhara Carnage happened in which the Ram Bhakta coming from Ayodhya were burnt Alive. The reason for such report was that Justice Banerjee could not found the smell of kerosene, Petrol or Diesel from the bogies so burnt by these Muslims. There is the construction of the Mosque and Grave yards at every sensitive places including Military Ground in front of Allahabad High Court premises, but no one ever bothered to stop such construction and to remove them . The problem of Bangla Desh immigrants having the role of HUBI organization committing blasts at Varanasi Railway Station and at Hindu temples and at 6 places in Jaipur is never taken the note of by these Constitutional court meant for protection of fundamental rights. The appointments of Muslims during tenure of such caste ridden People on high profile. The appointment by Supreme Court Collegiums is well known to people, for which there was the out cry of Hindu organization, but the representatives were hauled up in contempt and ultimately let off by tendering apologies. The entire Western U.P. is on the verge of conversion of a Mughalistan, where the Muslim leaders have started uttering as HINDU, HINDI and HINDUSTANI traitors in Quran. They put the Indian Flag below there feets and refuses to sing VANDEY MATARAM, our NATIONAL: SONG. The killing of Black Buck by Actor Salman Khan and Actor Saharukh Khan inauguration of M.F. Hussein Exhibition in Britain having naked Pot rail of Ma Durga, Swarswati and Sita Ji is known to every Hindu, but he bears it as Cowardice citizen. The Religion, which can not retaliate against atrocities and remained silent Spectator as it remained during the period of Hindu subjugating and their abrogation’s, shall ultimately perished for ever. Wake Up ypu cowardice and try to save it. Muslim Islam as is being used is not a religion, but the ppolitics of expansion under the guise of Islamic Jihad. Whether these people are not seeing the separatists move in Jammu and Kashmir, where number of Muslim ware still indulged to commit mass rape of Hindu Girls and killing every young Hindu male to get the winning over these “MALLAY GANIMATEYEN”( Hindu Abducted Girls) I further think that the moment these Muslim people, who consider the Hindus as infidel and there is a call for their ruthless killing in their so called holy book of Quran, can any court of law may prohibit the circulation of Such Book as recital of these versus is a crime in the terms of section 95 Cr. P. C. read-with Sections 153-A and 295-A of I.P.C., wherein a public duty is casted upon the Central Government and State Govt. to forfeit every copy of Koran, also spelled as ‘Quran’. The so called religious book of the Muslims the world-over, which insides violence, disturbs public tranquility promotion, on the grounds the religion, a feeling of enmity and ill-will between different religious communities and thereby insults other religions and religious belief of other communities in the secular of India.

Our Last English Chief Justice Orby H. Mootham- ‘When Chief justice Mootham apologized to a litigant’. WHERE ARE THOSE JUDGES?
‘This reminiscences is relate back to the period of about last 50 years from the time of last English Chief Justice Orby H. Mootham, Those were the days’-. Compare it now; Right from the period of the English judges to the present scenario. It has been said that those judges were mature, modest and commanded the respect by their very entry in the courtroom. ‘When Chief justice Mootham apologized to a litigant’. Chief justice Mootham entered the court smilingly, but became tense and pointed out to the Bench Secretary for the impropriety of behavior of a litigant, a gentle man who was sitting in the fifth or sixth row wearing a head-gear. The gentleman has removed his cap. The moment the functioning started, the chief justice regained his usual pleased posture, but the irritation was again visible, when he saw the gentleman recapped his head. However, when the orderly went towards the gentleman he voluntarily removed his cap. This was perhaps by reflexes that he wore the cap once again. The chief justice stopped functioning and asked the court officer to act upon and thereafter the gentleman was asked to leave the courtroom. It was per by chance that one contemporary Advocate went to chief justice’s chamber to make a mention. Justice Gyanendra Kumar was present in Hon’ble Chief justice chamber. The chief justice in a most inimitable style asked, whether he had seen the gentleman, who despite been told not to wear the cap, defied the advice of the bench secretary. The Chief Justice has also said that the gentleman looked a dissent person, but he wandered why he repeatedly wore his cap soon after removing it. Was it by the defiance to authority of the Court?
Justice Gyanendra Kumar, a very pleasant conversationalist, intervened. He said "Chief Justice", your lordship in the English society, people take off a hat to show courtesy, but we in this country wear a cap to show our respect. Thus the gentleman was only trying to repeat his gesture of respect. The chief justice perhaps never knew it otherwise this was not causing irritation to him. The tall person, the chief justice broke into laugher and asked the bench secretary to trace and bring the gentleman in his chamber. Perhaps the gentleman was still out side the chief justice chamber. As soon as he entered, the chief justice expressed regret to him and pleaded his ignorance that the cap is worn to show respect. Soon, the gentleman after being happy from the reprimand made by the chief justice was again called to request him to be in the courtroom soon after the lunch. Justice Gyanendra Kumar was curious as to why the chief justice was insisting to have the gentleman in court. On being inquired the chief justice Mootham observed:- " He has been reprimanded in court by me and therefore he deserves an apology from chief justice in the court itself. Later the chief justice apologized in court itself. This has been never seen or heard by any judge about such gesture even to a lawyer when there is no good ground for reprimand." HOW CAN SUCH A JUDGE, THOUGH HE RETIRED IN 1961 CAN GO OUT OF MEMORY OF THOSE WHO HAVE SEEN HIM WORKING IN COURT AND OUTSIDE”?
There gesture of kindness to the lawyers and courteous dialogues used to blush out of their modesty even if their faces looked red and they were scared in the moment. They entered the courtroom right at 10.00 A.M. never before or a second afterwards. The chief justice was so cordial, warm and affectionate that this was the etiquette of high constitutional functionaries. The unusual dissent conduct with a strange warmth decency of Chief Justice Mootham was continued to remember even after his death to heavenly abode from this world.
"Every Act and every inquiry and similarly every action and pursuit, given by him was thought to aim at some good, and for this reason, the good has rightly been declared, to be that, at which all things aim. But a certain difference is found among ends". For him "For best was he who knows all things himself good, he that hearkens when men counsel right. But he who neither knows, nor lays to heart another wisdom, is a useless night".
"Life is a shylock; always it demands. The fullest usurer’s interests for each pleasure Gifts are not freely scattered by its hand. We made returns for every borrowed treasurer. Each talent, each achievement and every gain me necessitated some penalty to pay. All you bestow on causes or on men of love or hate of malice or devotion somehow and sometime shall be returned again. There is no waste toil, no lost emotion. The motto of the world is to give and take. It gives you favour out of sheer goodwill but unless a speedy recompense you make you will find yourself presented with its bill". "Competition is a struggle for existence because there is always be survival of the fittest".
Justice Raghubar Dayal, an Advocate has written this that he open his submissions by using a phrase from the privy council’s judgement without referring to it. He said that the learned District Judge has carved out an new case for which no place was found in pleading! Justice Raghubar Dayal did not open the file and remarked - if counsel have learned to use this kind of language so early in life, he would land himself in disaster. Advocate immediately apologized. He said that he has escaped his lordship wrath and will have a chance before another judge, but justice Dayal said to him that he might present in the courtroom at 10.00 A.M. as this case will be taken as part heard case. Justice Dayal was tensed and his earlier day’s annoyance was apparent. Advocate said that he was relying Privy Council judgement where the judicial committee has used the same language. He said that he was conscious that he did not know English to well, yet he use such word, which were used by Privy Council. Justice Dayal admitted the appeal, but refuse to exercise discretion for staying the decree for demolition. He has written that his indiscreet use of language cause lost to his client. The house of the client was demolished but Advocate has written that he has repented this incident through out his life as to find out where he was wrong. Justice Raghubar Dayal, who retired in 1960 as the judge of Supreme Court, still had the great respect from Advocate, as he never committed such mistake through out his life.
With regard to Justice and injustice to an individual’s opinion assessments, we must consider the kind of action. It’s means and the justness for considering its effect and solution. Thus the justice is always represent in corresponding sense. An advocate’s world is to convey the idea generated through such experiences with the same precision Ideologically some time antagonistic to his own opinion, but from its very inception of the correct analysis of his perceptions with the desire, aptitude and knowledge in adequate representations. This is a heterogeneous conglomeration of disparate and desperate interests designed mainly hedge against common enemy on both the constituents. .The cultivation of moral foundations is called our cultural heritage.
Yogesh Kumar Saxena
Advocate, High Court
H.I.G.203, Preetam Nagar, Sulem sarai, Allahabad-211001
yogrekha@gmail.com, yogrekha@rediffmail.com, yogrekha@yahoo.co.in
Founder President- World Citizenship Group Foundation, Swami vevekanand world ethical foundation,
Executive Member- World Parliament Experiment conference 2008 at Bonn (Germany),
Vice President- Geeta Asharam International Cheritable Trust, Rishikesh, Pauri Garhwal
Ex Vice President- Advocate’s Association, High Court, Allahabad
Special Counsel/ officer, Ganga Pollution Matter, High Court, Allahabad

The everlasting impact of my journey in my dreamland, Germany during the period of attending the conference of World Parliament Experiment, and my further visit to France, Belgium, Austria, Rome, Florence and Venice has left the scar and has been eroded forever on account of violation of Human Right in India. As soon as, I stepped inside my home land i.e. India, I suffered a set back of having no place of sitting at platform in anticipation of arrival of the booked train after few hours, which gradually converted to half of the day without any accountability of the erring Official. Since the Rampant corruption is ascending in alarming situation and so far its galloping race is not halted on account of character assassination of the employees and officials governing the nation, some thing crucial is required to be done to eradicate corruption apathetical attitude towards public by infringing their human right.. Wake up India against it, otherwise it will be too late for Indians. There is complete apathy with the suffering of the people, who have already undertaken the Journey in some other nation, where accountability of the officers is immense and proximate to the human right. It was just like that some body (Bird) flying in the sky, and there after he was pushed by the wind in opposite direction, from where, even to maintain an equilibrium for the survival of that bird flying at high altitude, may become impossible. Thus the poor bird may be compelled to think over that what was there in flying the air. No man can protect his dignity and Human Right on account of lethargic attitude of the Employees, who have become corrupt and Money Gurgler, eroding the very foundation of people, from whom they are having the enumeration for their survival and Livelihood.
Is India worth saving? Is democracy worth saving? These are the two fundamental questions we must address now - before it is too late. Indians values are disappearing rapidly as we lose our independence and our sovereignty. Every Indian is having the debt upon him at the time of his birth of 140 dollars, which is equivalent to Rs. 6000/- each. According to the calculation of World Bank in 2005, India was ranked as debt ridden countries list at Seventh place. It was undergoing through the debt of 165.4 dollar upon each Indians.
This has happened with me after arriving here from European Nations, where I was invited to attend the world parliament Experiment 2008 (WPA 08) at Bonn, Germany. It was a tedious journey full of glamour, as it was beyond my expectations that one may travel on the same tracks by undertaking his journey inside the Inter-se-16 Countries Railway services., Inter cities Railway Journey, travel through fast moving Buses and Trams, as well as by own private cars, through cycle and the pedestrians on the walk will be passing through same tracks without confrontation. I undertaken my journey through Moscow to Düsseldorf ( Germany) on 2.15 A, M. on 21st Feb 2008. I reached Moscow at about 8.15 A.M. on 21st feb. 2008. From here, I have to change my flight to catch one Airbus carrying very few passengers upto Düsseldorf ( Germany). I reached their at about 9.45 A.M. It is worth while to mention that there is the difference of 4.30 hours earlier in Germany. After the immigration and custom checking, I was received by my sister Sandhya Saxena at the Airport itself. She has taken me on the short drive to her Small well furnished flat, where I have taken the Tub bath in open Sunlight, as the roof of the flat was covered with the strong glass. There after she had taken me on drive at a distance of 25 K.M. to a hospital in orthopedic ward, where my Maternal Uncle, on account of dislocation of his back bone, was operated on his spinal cord, . It took another hour, when I finally reached to his residence at kerkern. This place was located inside the Village, and there were beautiful farm houses with full of systematic farming and for generating the electricity. There were big wind fans roaming by the flow of air to generate electricity. The right hand driving was without any rider or obstruction on the passage. The speed of car was regulated by the computers and every where in Germany, the police was patrolling as to provide a check on the crime. It was the second Floor of the house, where I was offered to stay during night and since it was already late, I could not visit my shops to purchase Indian vegetarian food items. Any way Sandhya left me their and there after she went to her home, which was located in Düsseldorf.
On 22nd feb. 2008, I visited the local market along with my aunt and also the local Bank, in order to convert my 500 euro currency note to small denomination of currency. I was taken to the big market, the churches of different sects and also to the Buddhist disciples, as the entire family of my maternal uncle is pure vegetarian, like many other Germens and they have the keen interest in learning Vedic traditions and Upanishads. Every where there was the clean air and the garbage is stored in the Garbage Containers according to its variety. One may not find that polythene bag is lying in the garbage of Tissues papers and biodegradable substances were placed to use them as fertilizers. They were eating only the substance of food Items, which are cultivated upon the biodegradable substances like the extracts of the wood and Leaves, which were in abundances. There was plenty of teak woods plants, “Seesam” trees, and other plants which are generally found on the hills. The whether was like the whether of Simala, Chail, Menially, Darjling and of other Himalayan cities. It was resembling to the whether of Pathankot, Chandan-Wadi and Amarnath as will as of Gulmerg and Tunmerg in Kashmir. There was full of Oxygen and one may take pleasure of riding on the Hilly Tracks in Germany.
Since the Opening session of World Parliament Conference was scheduled from 23rd Feb. 2008, I was dropped there by Sandhya and there I was offered to stay at the residence of Mr. Kristofferson Kiomall located at Kreuzherrenstrasse-53, across the Rhine River in the City of Bonn, Germany . It was located near Limperich Railway Station, where there was no office to purchase a ticket, Except the screen having display of the Charges to different destinations. On the next date, I was traveling about 14 stations to reach at Tennenbusch Mitte after crossing Hauptbahnhof (Main Railway Station) at Bonn. However I was told that I have to reach Tennenbusch sud, which was located one station prior to the said station. The place of Conference was lying at the walking distance. However on account of pronouncement difficulty in Dutch language, I could not reach there, except after being fetched by Dr. Rasmus Tenbergen, the Executive Director of WPE08 at Bonn. However the other day the venue of conference was changed to the Main Hall at the University of Bonn. The university was lying within the walking distance from Hauptbahnhof (Main Railway Station) at Bonn. Thus I started coming to this place on foot from Kreuzherrenstrasse-53, across the Rhine River in the City of Bonn, Germany. It was in the night of 24th Feb. 2008, that when as per the instruction given to me by Mr. Kristofferson Kiomall, he will be available at home after 10 P.M., I reached there on foot at about 10.30 P.M., I found that there is no light out side as to inform the gentle nan about my arrival at his home. I rang to my uncle and when he rang again to him then the door opened after one hour. This has given me a lesson to come early. On the next day after attending the conference, I saw that some miscreants are chasing me from a long distance and stop their car on the blockage of the road and waited there for my arrival, but knowing their evil design by my sixth senses for probably snatching my movie Camera, Automatic Zooming Camera, My mobile of Samson and 600 euros, which I was carrying along with my bag, I stopped there till they have not fled away from the spot. However when I proceeded ghastly to reach at the place of my destination, I was fallen on the slop near the bridge, which was near the Railway Station Limperich and being injured on my forehead, I reached the place of Mr. Kristofferson Kiomall located at Kreuzherrenstrasse-53, across the Rhine River in the City of Bonn, Germany. Thus I have made up my mind not to take the risk any more as there is no one even to understand my language of conversation. I decided to undertake my Journey on Eurail Pass ticket to France, Rome, Venice, Austria and Florence. In the conference, I was made moderator on the first day and there after I was allowed to address the August gathering of the people assembled there to attend this conference.
In this process since the time was very short and I wanted to visit other Important cities of Germany like Frankfurt, Stud guard, Cologne, Düsseldorf, Munich, Berlin and Hamburg, I have purchased the D.B. Bahn ( Railway Ticket with reservation Coach) as I may travel during night and may visit these cities during day time. I am really indebted of my sisters Sandhya, Usha and my Uncle Sri Ram Mohan Saxena and his Wife for there affections. Sri Ram Mohan Saxena prepared the delicious Indian food preparation all the time. He has given me the gift, which are very valuable for me. My aunt has taken me on long drive to Abbey café, and old Kerkern, Where the Hitler during 2nd World War, on account of being suspicious on Neither land Spying racket, had conducted the rigorous Raid on the said Church.
However the reception, accommodation delicious Indian food dishes and the treatment given to me by Sri Harro Jensen and Uta Jensen, with whom my family meet at Sarnath, Varanasi, is of no expression in this writing of my sentimental outburst. She greet me in Hindu tradition and offered me the “KHEER” made up of best rice. They offered me the place of Bhantey Ji for Sitting and also the room for my staying during the night. The three storey house hang the construction on wood was excellently decorated with precious Collection. The offering of every potential, which this family of Mr. Harro Jensen was having in her contributions to provide it an permanent impact on the memory of their association with a strange individual is of no compression. Sri Harro Jensen has taken me inside the tunnels below the River and simultaneously on the highest Bridge, as the water of such river may not provide the blockage to transportation. The sight lacks, the churches were marvelous. Mr. Harro Jensen has shown me the big Ships lying across the River, the containers and other Storage places of Carpet, and the Chinese cabins meant for staying of the tourists. The buildings prior to the 2nd world war were duly preserved to show their heritage. I was taken inside the different underground trains and was invited for introspection. He has taken me to Indian Restaurant namely Kashmir Hotel run by the Couple belonging to Amiritsar, Punjab. The Paratha and Kofta, Paneer with beans and the rice was delicious as that of the five star Hotel. On the next day, I proceeded to take the sentimental departure, I could see the sentimental breakdown of Smt. Uta Jensen, when she left me to depart with her husband as he may show me the beautiful place again. Number of gifts for my Children, my wife and other friends were offered by them. Then I have taken a ride in the Ship, which covered a long distance and there after came back to the site of our boarding in the train. H e wanted to show me every thing and always taken the care of my baggage and when I insisted for lifting it by my own then he said me that in case of my insistment, he will get me, being uplifted on the other soldier. There was the true relationship developed by Mr. Harro Jensen and Uta Jensen as both these couple after completion of 52 years of first marriage, are having three children and their grand Children. I could see the trust of Friendship and since Mr. Harro Jensen have his date of Birth on 2nd march, he was having the zodiac sign the real Aires with the Mars in its full broom and his wife was Virgo. They were having the marvelous collection of Pottery, Sea Side Collection, Collection of Beautiful Flower and every thing at his house was auspicious. I can never forget such reception in my life.
Gradually the time ended in my dream land as the time of my departure arrived very soon. I was boarded in the Train at 7.4 A.M. to reach Düsseldorf from Neo-kern ( New Kerkern) . The timing of the train is sharp edge time schedule and the train, even not arrive late by few Seconds. I reached Düsseldorf and from there I was required to reach 17th platform from 7th platform. The language was heavy. Then I took train upto Air Port Düsseldorf. I reached at 9 A.M. there. The departure of my Flight was scheduled at 10.40 A.m. on 6th March 2008. This flight through Air Bus again has taken the time of 5.10 hours. I reached Moscow at 15.50. Then I was required to wait upto 20.50, Which was the time of the departure of my plane. It took about 6 hours and 40 minutes to reach at Indira Gandhi International Air Port at New Delhi. The mental agony started only thereafter. On the Air port, I was subjected to undertake a rigorous standing of 3 hours only to have my Immigration check Up. Thus I missed my train schedule to depart at about 7 A.M. for Allahabad. Thereafter I purchased the ticket from train scheduled to depart at 16.30 P.M. from Nizammuddin Railway Station . Delhi. At the last the moment, there was announcement that the train will now depart late and is expected to depart at 20.40 O Clock. Thus again the untold story of mental agony of the person, who was provided accommodation in 5star Hotel during night in Germany, only on account of the delay of 10 minute, as the connecting train from Munich to Düsseldorf was not available due to late arrival of such train from Hum berg. It was already 36 hours sleepless journey undertaken by an Indian in Europe, Who was craving to reach at the place of his destination at Allahabad, U.P.in India.
The continuation of dynastic rule by Gandhi era has become consciously or unconsciously the foreign Rule. No one Single handedly may elect the representative of the voter to the electoral college. The concept of spirit inherently personal choice of the voter to get their representatives in electoral college has been completely vanished. Exercise of liberty vote is overburdened with !) to evaluate expression less action performance at the behest of the people in power2)to select the candidate as representatives from the limited choice imposed upon the voters by party system 3) to express their adult franchises like a illiterate voters amongst the limited choice between the rascals nominated by party as god fathers mainly on the basis of money power or by choosing an idiot, who may be ruled with remote control even on the post of President and Prime Minister 4) Criminals may be given free hand to take a political decision under the garb of appeasement 5) Nehru- Gandhi nexus which remain responsible for creation of Pakistan has again risen their heads to divide India, Pakistan and Bangla Desh in many Segmentations. This is virtually the Concept of Rule of majority vote. The country is being dismantled after more than a half century of nation building. On 26th January, 1950, Dr. Bhim Rao Ambedkar said that India will become Independent Country. India has been lost by it’s infidelity and treachery by some of our own people. The invasion of Sind by Invader Mohd. Bin Kasim, as the Military commanders of King Dahar accepted the Bribes and they refused to fight. It was Jai Chandra “Arjun”, who invited Mohammad Ghori to invade Sri Prithivi Raj Chauhan and promised help of himself and of the King Solanki. History has been repeated in case of Afzal again. Their will be another hijacking of Plane to get him release. The attackers on the Court premises are well protected by these traitors living in our country and killing the so called infidels under the banner of Jihad?. Our independence, after creation of Pakistan is again in jeopardize and probably we may loose it forever On 23rd Feb. 2000, Sri K.R. Narayanan, President of India promulgated “ The National Commission to Review the Working of the Constitution by a message:- Right of vote under universal adult Franchise gives Right and opportunity to participate Every men in Democratic process and select a Govt. However we all know that the election system in India may not get the rid to the system of Corruption, Crimilisation, money, nepotism, favoritism and Muscle power. Home Minister of India accepts in 2002: - There are the defect in election system, but it is difficult to blame for it to the Government, it’s officers, and to the Political Parties. Sri Bimal Jalan said that Common Citizen is concerned about Administrative apathy, Corruption and failure to provide Promised benefit to the poor Farmers. India is ranking Highest in the Global corruption level of World. Here is dismal Ranking in Human Development. We may see poverty as the caste to the people is placed above for elimination of poverty, alleviation, hunger, Illiteracy and health. This problem is Systemic and never projected like Episodic to the people. We are losing control of our most important industries. As we give up domestic ownership of our assets, we lose the most exciting and challenging jobs, which too often move to the new corporate headquarters outside India- and young people who want those jobs must follow. It's part of the brain drain. In effect, India has become a victim of "Globalization". We are told this process is both inevitable and good. It is only inevitable if we let it happen. It is only good for twenty percent of the world's richest and most powerful people. It is bad for the vast majority. We need debate for participation of 1000 people for electoral college candidates in future election process to come forward and eliminate the monopoly of limited Choice for selecting the representatives by the voters. There must be the implementation of systematic Solution, even at the cost of absurdity and obsessive- ness in the defective system. We have to search the effect- cause and relationship in reformative trends. There may be some strategy to represent majority of farmers for making a proposal to provide them the cost of International Market. There may be tortuous liability and lesser faire policy of functioning be made accountable. Let criminals may know that Crime is a bad Bargain to them. The license Quota System be abolished and Religious activities be prohibited on public Premises as secularity of nation in multifarious religious country be Maintained

Complaint to The Hon’ble Chief Justice of India
Introspection on the functioning of Allahabad High Court
Writ Petition No. 36737 of 2008
M/S Jai Laxmi Traders Versus State Of U.P.and others
Filed before Hon’ble Chief Justice Court
CORUM- Hon’ble Vineet Saran & sabhajeetYadav J.J.
(Today’s Proceedings)
Judicial Discretion and the use of power to be exercised judiciously
M/S Jai Laxmi Traders, Neelami Chabutara, Shed No. 24, Navin Mandi Sthal, Khurja, District Bulandshahar through its Proprietor, Gaurav Bansal, the petitioner before High Court challenged the propriety, competence and jurisdiction to pass the exparte impugned order imposing realisation of Market Fees of Rs. 3, 54, 104.32 paisa and demand of Development Cess Rs 88, 528/- of the previous years commencing from 2000 upto 2005 and Interest Amount 3, 37, 579/- sought to be recovered by Recovery citation dated 26.6.2008 and there after sealing the premises of the firm on 22.7.2008 by Mandi Samiti Khurja Wholly Without Jurisdiction. The petitioner also challenged the vires of provisions of section 17 [(iii-a) as inserted by section 3 of U.P. Act no. 10 of 1991 w.e.f. 1.9.1990 by virtue of same the unbridle power has been conferred upon the respondents. petitioner firm is duly registered under the trade tax department as well as Mandi Samiti in furtherance of provisions of U.P. Krishi Utpadan Mandi Adhiniyam, 1964.
The license was issued in furtherance of aforesaid provisions by realizing fees as is being charged in yearly basis for a period of one agriculture year under Rule 67 of U.P. Krishi Utpadan Mandi Rules, 1965.The petitioner was required to deposit fee for renewal of license every agriculture year as prescribed under the aforesaid provisions.
The description of the license was provided under whole sale trader-cum-commission agent etc. as prescribed in clause (1) of description of license. The license fee as prescribed under the aforesaid provision of Rule 67 readwith section 17 [(iii) is chargeable for the renewal of license every year. The same has been realised upto date without any information in respect of the alleged dues sought to be recovered by issuance of recovery certificate on 26.6.2008.
The Petitioner reproduced for the convenient perusal of this Hon’ble Court, the petitioner also placed reliance upon provisions of section 40 (2) (xxvi) of U.P. Krishi Utpadan Mandi Adhiniyam, 1964, which is reproduced as under:-
“40. Rules. - [(1) The State Government may make rules for carrying out the purpose of this Act.]
(2) In particular and without prejudice to the generality of the foregoing power, the rules, may provide for all or any of the following matters-
(xxvi) Maintenance and submission of account books by traders, commission agents, brokers, weigh men and their inspection.” Rule 80 is reproduced as under: - “Rule 80. Keeping of books by Trader, Commission Agent, Broker, Warehouseman, Weighman and Measurer [Section40(2)(xxvi].—Every Trader, Commission Agent, Broker, Warehouseman, Weighman, Measurer and any other person handing or dealing in specified agricultural produce and holding license under these rules, shall keep such books in such forms and render such periodical returns and at such time and in such form as the Market Committee may, from time to time, direct and shall render such assistance in the collection of and prevention of the evasion of fees due under these rules and bye-laws and in the prevention of breach of the rules and bye-laws as may be required by the Market Committee.” Regulation 67 (1), the license fees as per requirement of section 17 (iii) is required to be deposited every year on its prescribed proforma 48. The relevant provisions in relations to controversy involved in the present writ petition are also reproduced as under:-
“67. Licence Fee [Section 17(iii)]. - [(1) the fees for issue and renewal of licences for a period of one agricultural year, under the Act shall be as prescribed hereunder:
Provided that the licence may be issued and renewed for a period of five years or for the lifetime of the applicant, on the request of the applicant.
Class of Description of Licence Licence Fee
Licence
1. (1) Wholesale trader-cum-commission 250
Agent, or (2) Wholesale trader, or (3)
Commission agent, or (4) Mill, or (5)
Factory, or (6) Cold Storage, or (7)
Broker,
according to the provisions of section 39 –A the submission of statement of purchase and sale are required to be furnished by every whole sale trader/ commission Agent before 30th day of April of every year to the market committee in such manner and setting forth such other particulars as specified in the bye-laws. The explanation provided in this section. “Previous year” means the financial year immediately preceding the year in which such statement is required to be submitted”.The provisions of section 39-A are inserted by U.P. Act no.4 of 1999 (w.e.f. 15.8.1998) including its explanation are reproduced as under:-
“39-A. Submission of statement of purchases and sales.- Every wholesale trader or commission agent, shall before the thirtieth day of April every year submit to the Market Committee a statement of purchases and sales of specified agricultural produce by or through him during the previous year, in such form and in such manner and setting forth such other particulars, as may be specified, in the bye-law.”
Explanation.- For the purposes of this section, ‘previous year’ means the financial year immediately preceding the year in which such statement is required to be submitted.]” That under section 17 [(iii-a)], the provision has been incorporated only to realise interest calculated in the manner prescribed in bye-laws @ 2% of market fees from the date immediately following the period prescribed for payment of market fees in the bye-laws. The entire provision of section 17 [(iii-a) of U.P. Krishi Utpadan Mandi Adhiniyam, 1964 are reproduced as under :-
“ 17. Powers of the Committee.- A Committee shall, for the purposes of this Act, have the power to –
[(iii-a) realise interest calculated in the manner prescribed in the bye-laws at the rate of two per cent per mensem on the unpaid amount of market-fee from the immediately following the period prescribed for payment of market-fee in the bye-laws;]”
as per requirement of prescribed proforma of 48-A, the requisite information pertaining to purchase – sale, stocks and distribution of agricultural produce in furtherance of provisions of section 39-A may be furnished within 15 days from the last specified description of the purchase and sale of agricultural produce and it is not permissible for the respondents to get enquiry in respect of any purchase and sale of previous years, in which the licence fees and Market Fees (Mandi fees) and development cess are charged for the whole sale traders by the market committee.
The vires of Rule 17(iii-a) was assailed by the petitioner in context to its application in the present case by respondents. It is a fundamental rule that no man can be punished without hearing and justice may not be done by the unilateral imposition of the interest upon the hypothetical charges said to have been lying due against the petitioner and the realisation of the interest there upon in such a manner in furtherance of aforesaid provisions of section 17[(iii-a) of U.P. Krishi Utpandan Mandi Samiti Act, 1964 is violative of fundamental right guaranteed to the petitioner under Article 14, 19 and principle laid down under Article 256 as envisaged in Part-XII Constitution of India.
No interest is chargeable upon the petitioner on account of lapses committed by the department of not demanding the same within prescribed period before making renewal of licence, which is upto date with the petitioner.
The realisation of interest on the contractual liability has already been prohibited as inconsistent with chapter-III of Part-XII of the Constitution of India. It is submitted that at most the Market fees (Mandi Shulk) and development cess may be considered as the fees realised for fulfillment of contractual obligation on Market Fees (Mandi Samiti) and to power to carry on trade as provided under Article 298 of the Constitution of India and freedom of trade protected under Article 301 shall be violated except in case of restriction imposed under Article 303 and 304 of the Constitution of India.
Thus the vary imposition of interest realised upon market fees of which there should be periodically demand every year before payment of licence fee is an arbitrary provision inserted by section 3 of U.P. Act no.10 of 1 the preamble of Act no. 25 of 1964 is classified in the chaotic state of affairs in distribution of agriculture produce from market. The producer is also denied of the large part of the produce and thus the provisions of U.P. Krishi Utpadan Mandi Samiti Act, 1964 were inducted.
Its proposal was taken by the State legislation in the year 1938 and the planning commission also given its concurrence to enforce them by 1955-56. The proposed measurement to regulate market fees were based upon to achieve the following directions:-
(i) to reduce the multiple trade charges, levies and exactions charged at present from the producer-sellers;
(ii) to provide for the verification of accurate weights and scales and see that the producer-seller is no denied his legitimate due;
(iii) to establish market committees in which the agricultural producer will have his due representation;
(iv) to ensure that the agricultural producer has his say in the utilization of market funds for the improvement of the market as a whole;
(v) to provide for fair settlement of disputes relating to the sale of agricultural produce;
(vi) to provide amenities to the producer-seller in the market;
(vii) to arrange for better storage facilities;
(viii) to stop inequitable and unauthorised charges and levies from the producer-seller; and
(ix) to make adequate arrangements for market intelligence with a view to posting in agricultural producer with the latest position in respect of the markets dealing with his produce.”
The realisation of interest upon the market fees is in contraventions to the preamble of Act no.15 of 1964, which has been inserted by section 3 of the Act no.10/1991. The aforesaid provision may be declared ultra-vires. the Hon’ble Apex Court in case of M/s Laxmi Industries Vs. State of U.P. reported in A.I.R. 1981 (2) S.C. page 600 has laid down the aforesaid Act being amelioration of existing market condition concerning agricultural produce and elimination of evil attended upon it, which cannot be sub-serve, nor any market committee superintendended or the check be effective unless the trades are required to sale and purchase of agricultural produce in one complex.
The freedom of negotiation for proper transaction of purchase by traders from agriculturists has been given to purchasers. In case of Ram Chandra Kailash Kumar & Co. Vs. State of U.P. reported in A.I.R. 1980 S.C. Page 1124, it has been observed that the business cannot be carried anywhere except in market area as the market committee may be able to control and levy fee throughout market area.
No where in the Act of U.P. Krishi Utpadan Mandi Act, 1964, it has laid down that market fees may be realised retrospectively from which the purchase has already paid the market fees and development cess. The realisation of interest may not encourage the economic exploitation of purchase by making a demand of previous years after giving the clearance in said transaction by renewal of licence upto date. Such a realisation is contrary to the decision in M/S Kesharwani Zarda Bhandar Alld. Vs. State of U.P. reported in 2003 (3) S.C.C. Page 315.
In this manner there were no dues lying against the petitioner upto the period of issuance of letter Market Fees dated 23.7.2007 by respondent no.5. The only dues of Mandi Shulk may be attributed to the quantity of 5250.00 quintal Paddy as most, which has been admitted by respondent no.5 himself were pertaining to the year 2006-07 for which admittedly the amount of Rs.37, 750/- has been realised as per instruction given by him to the petitioner on 13.8.2007. Thus there was no dues lying against the petitioner, nor the allegation regarding non-renewal of licence against the petitioner are incorrect averment and the false allegation stated in the said letter.
The petitioner is submitting that firstly when the renewal of licence was done in furtherance of its requirement as contemplated in provisions of Chapter (vi) of U.P. Krishi Utpadan Mandi Rules, 1965 as prescribed in Rule 67 readwith section 17 [(iii-a) of Act no. XXV of 1964, there was no question of having any previous dues of Market Fees (Mandi Shulk) and development cess lying prior to issuance of letter dated 23.7.2007. The falsehood in the impugned order dated 29.11.2007 is exposed by vary fact of the notice dated 23.7.2007 does not disclose in any manner by mere perusal of aforesaid documents (Annexure- 2 to the writ petition) to demonstrate the dues of last 3 years as written in the impugned order. Thus the vary sanctity of impugned order and inference drawn by respondent no.5 contemplating in its letter no. 501 dated 23.7.2007 is contradictory to the documentary evidence placed on record by the petitioner before this Hon’ble Court.
It has been submitted that Article 14 has a pervasive potency and versatile quality, equalitarian in its soul and allergic to discriminatory dictates. Fairness inaction may not atleast be perceptible if not transparent. It is inbound duty casted upon the authority to justify their power conferred upon them under statutory provisions of Act no. 25 of 1964, failing which the impugned order may tantamount and action in the inherent lack of jurisdiction and shall be deemed to be void-ab - intio.
The principle of natural justice prescribes minimum standard of fair procedure, which cannot be obligated by rigmarole of technicalities to vitiate the enquiry and imposition of Market Fees (Mandi Shulk) with retrospective effect, for which the presumption has been drawn in favour of petitioner regarding subsequent renewal of licence, in which a condition precedent is the clearance of all the dues by the petitioner, may further absolve the petitioner from the liability.
It has been revealed from the aforesaid discussion the department is still not sure that how much amount of Market Fees (Mandi Shulk) and development cess towards the previous year has been deposited by petitioner. There is a requirement of strict proof of the liability by department itself, who is custodian of many realised from the petitioner in furtherance of the demand of previous dues. Thus the issuance of impugned order dated 29.11.2007 in exparte manner without even indicated the dispatch of such letter to the petitioner.
No one can except that details of such deposit and receipt thereof shall be called upon after expected more than 8 years from petitioner, otherwise it shall be stipulated that amount in the impugned order has not been deposited by him. The coercive action taken in furtherance of impugned order by issuance of recovery certificate against the petitioner smacks the capriciousness of power with naked despotism.
The issuance of recovery certificate in furtherance of provision is recoverable as arrears of land revenue as per strict requirement of section 279 of the U.P. Z.A.L.R. Act ( Sri Gopalji Vs. Krishi Utpadan Mandi Samiti Yusufpur, Mohammadabad ) 1996 (87) R.D. Page 206. The reason of section 279 and section 287A of the U.P. Z.A.L.R. Act, since no injustice can be issued against recovery of dues payable to Mandi Samiti under section 17, the only remedy available to the petitioner is by way of filing of present writ petition. That apart from this by perusal of language prescribed under section 17 [(iii-a), the unpaid amount of “market fees from the date immediately following period prescribed for payment of Market Fees (Mandi fees) in the bye-laws” may only empower respondent no.2, 4 and 5 to demand the market fees of previous year only as the language pf section 17[(iii-a) stipulated the liability to pay the interest in the manner prescribed in the bye-laws at the rate of per mensem on unpaid amount. The following submissions are made by the petitioner in support of his arguments, which are enumerated hereinafter
A. Market fee, is only chargeable on the transaction of the sale of the specified agriculture produce in the market area as per the requirement of section 17 [(iii) (b) of the Act.
B. Market fees can only be collected by the Mandi Samiti from the sellers irrespective of whether the seller has relied it and the purchaser as is explicitly clear “the trader selling the produce may realise it from the purchaser and shall be liable to pay market fee and development cess to the committee.
C. Sub Clause (1) and (3) differs from sub Clause (2) and sub clause (4) of section 17 of Act no.25 of 1964. By the previous clause the statute has fixed liability in regards to payment of market fees on the selling agent, while under the later 2 sub clauses specially sub clause (1) (2) and (4) shows that the liability to pay the market fees is primarily upon the purchaser. Sub clause (2) contemplate that the producer specified agriculture produce is not to be made liable to pay the fee. Thus no obligation has been casted upon the purchaser making him liable to pay the market fees to the market committee and that too by raising the demand thereof after so many years.
D. Though the market fees must be rendered in relations to the services provided and there is a distinction between the regulatory fee and compensatory fee, but still then the element of Quid Pro Quo is the outstanding feature which can not be diluted by demanding such fees on the hypothetical presumption of the previous years commencing from last 8 years upto 3 years with retrospectively.
Such a concept based upon the demand raised to make the payment of the market fees and development cess after the expiry of so many years and to realise the interest thereupon at the rate of 24% per annum is alien to the object and preamble of the subordinate legislation and may render unconstitutional in context to the earlier two definitions”. The intention of legislation is not prescribed to demand the Market fees (Mandi Shulk) even of the last 8 years and to demand the interest thereupon by the unilateral decision of authority vested in the respondent no.4 and 5.
Thus since there was no demand made in the letter dated 23.7.2007 regarding non-payment of Market Fees (Mandi Shulk) except in the year 2006-07, the respondent no.4 and 5 are not entitled to demand the interest on the amount of Market Fees (Mandi shulk), which is assessed as Rs. 4, 42, 830.40 Paise no interest is chargeable on development cess as is being done in the present case by charging 24% per annum interest on the stipulate amount of market fees Rs. 3, 54, 104.32 Paise. There was no occasion to charge an interest at the rate of 24% over and above the amount of development cess, which has been calculated as Rs.88, 526.08 Paise.
Thus the assessment of interest amounting to Rs. 3, 37, 579.00 in the impugned recovery certificate. That the definition of Producer has been defined under section 2 (p) of the Act no. 25 of 1964. It is the duty of the market committee to realise the market fees on every purchase by purchasing from inside premises of mandi Samiti. If the purchase is being made out from out side premises of mandi Samiti from other dealers, who have already paid market fees, the department under respondent no.3, 4 and 5 may not proceed on the assumption that even after the payment of market fees by the previous purchase, who has sold paddy to the petitioner, again the market fees is chargeable from year 2000-01 to 2005-06 without having any whisper about the said purchase in the impugned order.
The provisions of section 17[(iii-a) of U.P. Krishi Utpadan Mandi Adhiniyam, 1964 are ultra-vires to the constitution of India. No interest can be realised from the petitioner on the basis of alleged dues of market fees and upon development cess for which the respondent no.4 and 5 have only disclosed that they are not in possession of receipts indicating the aforesaid payment in the year 2000-01 upto 2005-06.
The realisation of interest without having any verification regarding payment of market fees as shown by petitioner from the records available and traceable after lapse of so many years and realisation of interest thereupon are wholly arbitrary and without jurisdiction. The petitioner is also making a prayer in the alternative in case this Hon’ble Court may retain the provisions of section 17[(iii-a) of the U.P. Krishi Utpadan Mandi Act, 1964 as being issued within competence of sub-ordinate legislation, in that case the interest only can be realised of the previous years and 2 per cent monthly interest may be chargeable upon such default. In any case the department can not demand any amount as market fees except for the demand made in letter dated 23.7.2007, against which the petitioner has already deposited Rs.37, 750/- and got renewal of licence done on 30.6.2008 i.e. even after issuance of impugned recovery certificate against the petitioner.
Thus the impugned order passed exparte on 29.11.2007 (which was never served to the petitioner and has been obtained only on 26.6.2008) may be set aside. The recovery certificate issued on 26.6.2008 is also liable to be set aside .
Prayer made-
(i) issue a writ, order or direction in the nature of mandamus declaring the provisions of section 17[(iii-a) of U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (Act no. XXV of 1964) as ultra-vires.
(ii) issue a writ, order or direction in the nature of mandamus in alternative to the (i) prayer directing the respondent no.1, 2, 4 and 5 not to realise the interest in pursuance to the provisions of section 17[(iii-a) of U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (Act no. XXV of 1964) to the extent of realisation of interest at the rate of 24% per annum on alleged demand of unpaid amount of market fees and development cess by exparte impugned order 29.11.2007 and by way of impugned recovery certificate dated 26.6.2008 (from year 2000-01 upto 2005-06).
(iii) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery certificate dated 26.6.2008 (Annexure no.8 to the writ petition) and the order dated 29.11.2007 passed by respondent no.5 (Annexure no.5 to the writ petition).
(iv) issue a writ, order or direction in the nature of mandamus directing the respondents not to realise market fees and development cess including interest from the petitioner at the rate of 24% per annum on the alleged demand of unpaid amount by exparte impugned recovery certificate dated 26.6.2008 (from year 2000-01 upto 2005-06) without giving an opportunity of being heard as to ascertaining the actual payment due against the petitioner.
(v) issue any other suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.
(vi) To award the cost of writ petition in favour of the petitioner.
Pleading Introduced by moving Amendment Application filed in view of the fact that Factory was Sealed and information published on 24. 7. 2008 subsequent to given Notice and Filing of Writ Petition.
That the premise of the rice mill of the petitioner has been sealed on 22. 7. 2008 and the notice for conducting auction has been issued on 24.7.2008, fixing date of auction on 6. 8. 2008 without following the procedure adopted under the provision of U.P. Zamindari Abolition and land Reform Act, 1951 in furtherance of impugned order dated 29. 11 2008.
That the market committee established and incorporated in every market area under section 12 of U.P. Krishi Utpadan Mandi Samiti Act, 1964 having constitution there of under section 13 of the aforesaid Act, who is empowered to function and to discharge its duties and thereby to provide such facility of sale and purchase of agriculture produce therein as contemplated under section 16 of the aforesaid Act is no functioning at present.
That Sri Ramesh Chandra, who is posted as is functioning as Secretary, Krishi Utpandan Mandi Samiti, Khurja, District Bulandshahar. and the issuance of the impugned order passed exparte on 29.11.2007 has been passed.That, Sri Ramesh Chandra, who is posted as is functioning as Secretary, Krishi Utpandan Mandi Samiti, Khurja, District Bulandshahar has started acting in an arbitrary manner in collusion with the employees of Tehsil administration, who have started providing the harassment to two Rice Mills owners namely one belonging to the petitioner, while the other belonging to Sri Chaman Lal Gupta. That there has been the demand of illegal gratification by Sri Ramesh Chandra, who is posted as is functioning as Secretary, Krishi Utpandan Mandi Samiti, Khurja, District Bulandshahar in furtherance of letter dated 23.7.2007and when the petitioner became ready to pay the market fees pertaining to the year 2006-07 of remaining amount attributable on his part on account of the purchase made of 5250 quintal paddy, in order to avoid undue hardships, the petitioner paid Rs.37, 750/- as per the instructions given to the petitioner by Sri Ramesh Chandra.
That since the petitioner could not get the required money demanded in the tune of Rs. 50, 000/- by Sri Ramesh Chandra, Secretary, Krishi Utpandan Mandi Samiti, Khurja, District Bulandshahar on 13.8.2007 in illegal gratification, the impugned order has been passed on 29.11.2007 in the exparte manner. The same is contrary to law and passed with extraneous reason to perpetuate corruption and bribery. Thus there is Legal Malafide in issuance of Impugned order in Ex- Parte Manner.
That there was no dues lying against the petitioner at the time of issuance of letter dated 23.7.2007, as per the report of senior marketing Inspector based upon the rice given to State govt. towards levy, except quantifying as 5250 quintal paddy during previous financial year, no further demand by letter dated 14.8.2007, 13.9.2007 and on 7.11.2007 ( which have not been served upon petitioner), Could have been made of the period of previous about 8 years.
The said Statements of account of sale and purchase is required to be submitted only of PREVIOUS YEAR as per the requirement of Section 39-A, Section 40 (2) (xxxvi) and rule 80 of the Act No. XXV of 1964 could have been made.That it was not expected from any trader, that he will keep account of purchase, even after the expiry of about 8 years (Period 2000-01 to 2005-06).
The renewal of Licence of the petitioner as per the requirement of Rule 67 read with section 17 (!) every year could not be done if such dues as contemplated in impugned order dated 29.11. 2007 were lying against the petitioner. The notices alleged to be given, except the first notice dated 23. 7.2007 were not served, nor the copy of impugn order made available to the petitioner upto 30.6.2008 after issuance of recovery certificate dated 26.6.2008. That after the demand made on 23.7.2007, no further demand of the previous years.
The said demand could not be made even under U.P. Krishi Utpadan Mandi ( compounding of Market fee) order, 1994 may be raised even after about 8 years.That there is no power vested with administrative authority to raise such demand after issuance of letter dated 23.7.2007 making the demand of only previous year. There is no power of review the earlier demand and to make demand retrospectively of last 8 years old there after.
Such demand of last many previous years after the demand pertaining to the sale or purchase of previous year, and they same is not permissible on account of Estoppels, Res- Judicata and Principle of legitimate expectations.
That Virus of the provisions of Section 17 (!- a) of U.P. act no. XXV of 1964 of such demand along with 24% interest per annum upon the alleged dues of Market fees and development cess made in respect of only PREVIOUS YEAR as per the requirement of Section 39-A, Section 40 (2) (xxxvi) and rule 80 of the Act No. XXV of 1964 could have been made.
That the same can be made only for claiming interest at the rate of two per cent per mensem. Even the reserve bank of India can not permit the Mandi Samiti to have the realisation of Interest amount of Rs. 3, 37, 679/- upon Market fees of 3, 54, 104.32 paisa said to have been lying pending from 2000-01 upto 2005-06 against the petitioner. The renewal of licence is done every year upto date on 30.6.2008 under Rule 67 read with Section 17 of Act No. XXV of 1964.
That the petitioner is challenging the Virus of the provisions of Section 17 (!- a) of U.P. act no. XXV of 1964 on these grounds:-
• Whether the Provisions of Legislation are beyond legislative competence?
• Whether the Provisions of Legislation are Contrary to the object?
• Whether the Provisions of Legislation are Unconstitutional – having no scientific authoritative – dictate of Sovereignty?
• Whether the Provisions of Legislation are in conflict with the right conferred under the Constitution of India?
• Whether the Provisions of Legislation are Unreasonable restriction for having scientific investigation and there by providing impediment for the progress and leading to the stagnation of the Nation?.
• Whether the Provisions of Legislation are Contrary to the object sought to be achieved for extraneous political consideration?. That the petitioner is challenging the vires of provisions of section 17 [(iii-a) as inserted by section 3 of U.P. Act no. 10 of 1991 w.e.f. 1.9.1990 by virtue of same the unbridle power has been conferred upon the respondents.
• That the preamble of Act no. 25 of 1964 is classified in the chaotic state of affairs in distribution of agriculture produce from market. The producer is also denied of the large part of the produce and thus the provisions of U.P. Krishi Utpadan Mandi Samiti Act, 1964 were inducted. That the proposed measurement to regulate market fees were based upon to achieve the following directions:-
i. to reduce the multiple trade charges, levies and exactions charged at present from the producer-sellers;
ii. to provide for the verification of accurate weights and scales and see that the producer-seller is no denied his legitimate due;
iii. to establish market committees in which the agricultural producer will have his due representation;
iv. to ensure that the agricultural producer has his say in the utilization of market funds for the improvement of the market as a whole;
v. to provide for fair settlement of disputes relating to the sale of agricultural produce;
vi. to provide amenities to the producer-seller in the market;
vii. to arrange for better storage facilities;
viii. to stop inequitable and unauthorised charges and levies from the producer-seller; and
ix. to make adequate arrangements for market intelligence with a view to posting in agricultural producer with the latest position in respect of the markets dealing with his produce.”
That Under section 2 (a), agriculture produce is defined, which means the produce of agriculture specified in the schedule including things processed there from. In the impugned order, no where it has been mentioned that in the prescribed proforma 49-A, which was required to be submitted every financial year within 15 days should have been containing the statement of the purchases and sales by the wholesale trader, for which the demand was made in the letter no. 105 dated 23.7.2007 (Annexure-2 ) by specifying the quantity of the paddy in the tune of 5250 quintal in the year of 2006-07.
That once the demand for the alleged market fees lying only for the year 2006-07 in the letter dated 23.7.2007, there was no occasion to issue the impugned order by making the alleged illegal demand from the year of 2000-01 to 2005-06 by specifying the quantity of 43550 quintal and the market fees and the development cess imposed upon the said quantity by the unilateral decision without even disclosing the fact as to from where the quantity of the paddy has been alleged to have been sold or is being purchased within the market area of the respondent no.4 and 5 to the writ petition. That in this regard section 6 provides the declaration of any area as market area in respect of the agriculture produce specified in the said declaration, while section 8 empowers the state Govt. to include or exclude any agriculture produce.
Thus by the combined reading of these two provisions, section 17 readwith Rule 50-A, only empowers the respondents Krishi Utpadan Mandi Samiti to draw a refutable presumption as to whether the actual sale or purchase has been made by the wholesale trader, for which the specific allegation would has been raised in the impugned order dated 29.11.2007.
Combined reading of the provisions of section 17 (iii) (b) (1 to 4) draw the liability for the payment of market fees created under these sub clauses, the statute as fixed the liability in regard to the payment of market fee qua the Mandi Samiti on the selling agent, though the selling agent has been authorised to realise it from the purchaser. That the word “trader selling the produce may realise it from the purchaser”.
Thus the statute does not create any liability for payment of market fees qua the mandi Samiti on the purchaser. Further it could have been realised as per the explanation of 39-A only of the previous year means the financial year immediately proceeding the year in which such statement is required to be submitted.
That the license fees as per regulation 67 (1), for the renewal of license is for a period of one agriculture year, which is deposited every year and thereafter the power is conferred upon the trader to enter into the transaction. That once the letter dated 23.7.2007 demanding the alleged market fees only of the previous year 2006-07, no transaction of sale could have been questioned thereafter by issuance of the impugned order on 29.11.2007 in exparte manner without looking into the fact of earlier deposit. Even the presumption of such deposit is lying in favour of petitioner in view of the demand made in letter dated23.7.2007 only in respect of PRIVIOS YEAR. (NO PLURAL).That section 7 (2) (b) contemplates that the wholesale transaction of the agriculture produce in respect of market area shall be carried on only on the specified place.
Case Laws Produced are Marked in Bold letter
That relying upon the judgement of the Apex court in M/S Maha Laxmi Rice mill vs. State of U.P. (J.T. 1998 (5) S.C.603), the market fees can be collected by the Mandi Samiti only from the seller (Devendra Bahadur Singh Vs. Krishi Utpadan Mandi Samiti Mirzapur (2003) 2 S.A.C. 539).
That the market fees shall be payable on the transaction of specified of sale of agriculture produce in market area (M/S Kesharwani Zarda Bhandar Vs. State of U.P. (2003) 2 S.A.C. 315).
That there was no power of the committee created to realise the hypothetical alleged dues of the market fees for the year 2000-01 to 2005-06 when the same market committee got the renewal of the licence even for the period of 2007-08 on 30.6.2008 itself, the issuance of the impugned order calling for deposit of market fees and the development cess amounting to Rs. 3, 54, 104.32 Paise and Rs, 88.526.08 Paise respectively is in itself illegal and without jurisdiction.
The relevant provisions are reproduce again for kind perusal of Hon’ble Court. “39-A. Submission of statement of purchases and sales.- Every wholesale trader or commission agent, shall before the thirtieth day of April every year submit to the Market Committee a statement of purchases and sales of specified agricultural produce by or through him during the previous year, in such form and in such manner and setting forth such other particulars, as may be specified, in the bye-law.”
Explanation.- For the purposes of this section, ‘previous year’ means the financial year immediately preceding the year in which such statement is required to be submitted.]”
Section 40 (2) (xxvi) of U.P. Krishi Utpadan Mandi Adhiniyam, 1964, which is reproduced as under :-
b. “40. Rules.- [(1) The State Government may make rules for carrying out the purpose of this Act.]
c. (2) In particular and without prejudice to the generality of the foregoing power, the rules, may provide for all or any of the following matters-
d. (xxvi) Maintenance and submission of account books by traders, commission agents, brokers, weigh men and their inspection.”
Rule 80 is reproduced as under :- “Rule 80. Keeping of books by Trader, Commission Agent, Broker, Warehouseman, Weighman and Measurer [Section40(2)(xxvi].—Every Trader, Commission Agent, Broker, Warehouseman, Weighman, Measurer and any other person handing or dealing in specified agricultural produce and holding license under these rules, shall keep such books in such forms and render such periodical returns and at such time and in such form as the Market Committee may, from time to time, direct and shall render such assistance in the collection of and prevention of the evasion of fees due under these rules and bye-laws and in the prevention of breach of the rules and bye-laws as may be required by the Market Committee.”
Rule 67 (1), the license fees as per requirement of section 17 (iii) is required to be deposited every year on its prescribed proforma 48. The relevant provisions in relations to controversy involved in the present writ petition are also reproduced as under :-
“67. Licence Fee [Section 17(iii)].- [(1) The fees for issue and renewal of licences for a period of one agricultural year, under the Act shall be as prescribed hereunder :
Provided that the licence may be issued and renewed for a period of five years or for the lifetime of the applicant, on the request of the applicant.
e. Class of Description of Licence Licence Fee
f. Licence
g. 1. (1) Wholesale trader-cum-commission 250
i. agent, or (2) Wholesale trader, or (3)
ii. Commission agent, or (4) Mill, or (5)
iii. Factory, or (6) Cold Storage, or (7)
iv. Broker,
“ 17. Powers of the Committee.- A Committee shall, for the purposes of this Act, have the power to –
[(iii-a) realise interest calculated in the manner prescribed in the bye-laws at the rate of two per cent per mensem on the unpaid amount of market-fee from the immediately following the period prescribed for payment of market-fee in the bye-laws;]”
That Realisation of interest on the contractual liability has already been prohibited as inconsistent with chapter-III of Part-XII of the Constitution of India. It is submitted that at most the Market fees (Mandi Shulk) and development cess may be considered as the fees realised for fulfillment of contractual obligation on Market Fees (Mandi Samiti) and to power to carry on trade as provided under Article 298 of the Constitution of India and freedom of trade protected under Article 301 shall be violated except in case of restriction imposed under Article 303 and 304 of the Constitution of India.
Arguments Conducted in support of the case Filed by Counsel From 12.30 A.M. and were Kept on to place Relevant Provision even in post recess session Hours
Thus the vary imposition of interest realised upon market fees of which there should be periodically demand every year before payment of licence fee is an arbitrary provision inserted by section 3 of U.P. Act no.10 of 1991.
That Hon’ble Apex Court in case of M/s Laxmi Industries Vs. State of U.P. reported in A.I.R. 1981 (2) S.C. page 600 has laid down the aforesaid Act being amelioration of existing market condition concerning agricultural produce and elimination of evil attended upon it, which cannot be sub-serve, nor any market committee superintendended or the check be effective unless the trades are required to sale and purchase of agricultural produce in one complex.
The freedom of negotiation for proper transaction of purchase by traders from agriculturists as been given to purchasers.
That in Ram Chandra Kailash Kumar & Co. Vs. State of U.P. reported in A.I.R. 1980 S.C. Page 1124, it has been observed that the business cannot be carried anywhere except in market area as the market committee may be able to control and levy fee throughout market area. No where in the Act of U.P. Krishi Utpadan Mandi Act, 1964, it has laid down that market fees may be realised retrospectively from which the purchase has already paid the market fees and development cess. That the realisation of interest may not encourage the economic exploitation of purchase by making a demand of previous years after giving the clearance in said transaction by renewal of licence upto date.
Such a realisation is contrary to the decision in M/S Kesharwani Zarda Bhandar Alld. Vs. State of U.P. reported in 2003 (3) S.C.C. Page 315.That the petitioner received a letter on 23.7.2007 issued by respondent no.5, in which it was contemplated that in the year 2006-07 the Market Fees (Mandi shulk) on agricultural produce namely Paddy purchased quantified 5250.00 Quintal has yet not been given and as such the same is required to be deposited by the petitioner in furtherance of the aforesaid demand the petitioner deposited the amount of Rs.37, 750/- towards the Mandi Shulk.
That when the renewal of licence was done in furtherance of its requirement as contemplated in provisions of Chapter (vi) of U.P. Krishi Utpadan Mandi Rules, 1965 as prescribed in Rule 67 readwith section 17 [(iii-a) of Act no. XXV of 1964, there was no question of having any previous dues of Market Fees (Mandi Shulk) and development cess lying prior to issuance of letter dated 23.7.2007. Thus the matter may not be relegated to the department u/s 32 of the Act No. xxv of 1964.
That no one can except that details of such deposit and receipt thereof shall be called upon after expected more than 8 years from petitioner, otherwise it shall be stipulated that amount in the impugned order has not been deposited by him. The coercive action taken in furtherance of impugned order by issuance of recovery certificate against the petitioner smacks the capriciousness of power with naked despotism on the part of respondent no.4 and 5. That firstly when the renewal of licence was done in furtherance of its requirement as contemplated in provisions of Chapter (vi) of U.P. Krishi Utpadan Mandi Rules, 1965 as prescribed in Rule 67 readwith section 17 [(iii-a) of Act no. XXV of 1964, there was no question of having any previous dues of Market Fees (Mandi Shulk) and development cess lying prior to issuance of letter dated 23.7.2007.
Proposition advanced- Contrary to Object and Passed with Extraneous Consideration
In Shyam Traders and others Versus State of U.P. and others(2006) 1 SAC 450
Para- 4 –State of U.P. amended Section 17 of the adhinium by promulgating U.P.Krishi Utpadan Mandi ( Amendment) Ordinance, 1998 ( U.P. Ordinance No. 10 of 1998), Which Came into force on 15th August, 1998, the third provisio to sub-clause (b) of Clause (111) of Section 17 was inserted by aforesaid Ordinance.
This Ordinance was Replaced by U.P.Act No. 4 of 1999 and the word “Adhyadesh” was replacedby Adhinium. However The Word and Figures “during the period of one year w.e.f. the date of commencement of the U.P.Krishi Utpadan Mandi ( Amendment) Ordinance, 1998 ( U.P. Ordinance No. 10 of 1998), as Replaced by U.P.Act No. 4 of 1999 and the word “Adhyadesh” have been omitted by U.P. Act No. 1 of 2000, vide Section 2 w.e.f. 14th August 1999. Thus the Market fees on a Specified Agricultural Produce is leviable only once in the entire State of U.P..
Reliance were placed on A.I.R.1992 S.C.1782, that the expression used in a taxing statute would ordinarily be understood harmonious with the object of the Statute to effectuate the legislative animation. In (2001)8 Scc 24 – Casus Omissus should not be readily inferred. In (2003 ) 2 SCC 455- When two statute Interpretations are possible, Interpretation favorable to assessee should be adopted. InA.I.R.1989 S.C.611-Act is FISCAL in nature. – Whether a liability can be fastened on a particular Industry? The reliance was placed by the counsel on AIR1958 All 323, (1977)2 SCC237, A.I.r. 1989 S.C.509 (1990) 1 SCC 227 Para16 A.I.R. 1992 SC 224, AIR 1999 S.C. 1275, A.I.R. 2000 Sc 2905, 1961 (12) STC 122, (2000) 5 SCC515, and A.I.R. 2002 S.C. 2692 The liability is upon the seller and not on purchaser and that too for furnishing Statement / Submission of statement of purchases and sales.- before the thirtieth day of April every year submit to the Market Committee a statement of purchases and sales of specified agricultural produce by or through him during the previous year, -- ‘previous year’ means the financial year immediately preceding the year in which such statement is required to be submitted.]” That under section 17 [(iii-a)], the provision has been incorporated only to realise interest calculated in the manner prescribed in bye-laws @ 2% of market fees from the date immediately following the period prescribed for payment of market fees in the bye-laws. The Market Fees can be realised once in each year, for which in present case, the demand was made on 23. 7. 2007 for the period of [protected] by the respondent, than How does you may realise in unilateral proposition of such demand, as mentioned in the impugned order and in Recovery certificate dated 26.6.2008 for the period of 2000-01 to 2005-06 of the previous YEARS and that too retrospectively and realise the interest at the Rate of 24 Percentage per Annum. In the alternative prayer, since the taxing Statute prescribes for 2 percent per mensem, it provision may not be stretched to call for the tax of last 8 years to 5 years back, and too from the purchaser, from whom you can not realised as per the provision applicable U/S 17 (111) (b) (3) of ACT No. XXV of 1964. The responsibility to pay Market fees is upon the Seller and not on the purchaser Traders and that too inside the Market Area.
The decision dictated by Hon’ble Sabhajeet Yadav J stating therein that nothing was argued, which can convince the Division Bench for granting relief and dismissed the petition without referring to arguments advance
Copy of this Complaint Given To – Chief Justice of Allahabad High Court
Hon’ble the Law Minister, Govt . of India for taken appropriate Steps to save the Judiciary
President – Supreme Court bar Association for fixing accountability and requesting Chief Justice of India for Conducting proceedings of High Court, as the General public may see, How our Hon’ble Courts Functions and how they are deciding the matter.
Request to collegiums of Supreme court of India and Ministry of Law and Justice constituted for transferring the judges from their parent practicing courts as Advocate may not given humiliation on account of prejudicial attitudes of those judges, who have ridden the ladder with the support of the crutches to provide support in selection process after taking the process of elevation by the Judiciary of Supreme Court.