IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
C.M. APPLICATION NO. OF 2011
Inre:
WRIT PETITION NO. 552(Cons.) OF 2001
Parashuram & others ..........
Petitioners.
Versus
Deputy Director of Consolidation
Bahraich and others ......... Opposite Parties.
APPLICATION FOR ABATEMENT OF THE
WRIT PETITION
For the facts, reasons and circumstances stated in
the accompanying affidavit, it is most respectfully
prayed that this Hon’ble Court may kindly be pleased to
abate the aforesaid writ petition in the interest of
justice.
LUCKNOW
DATED: ,2011. (RAJESH KUMAR
SHARMA)
ADVOCATE
COUNSEL FOR THE
OPPOSITE
PARTY NO. 2
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
WRIT PETITION NO. 552(Cons.) OF 2001
Parashuram & others ..........
Petitioners.
Versus
Deputy Director of Consolidation
Bahraich and others ......... Opposite Parties.
AFFIDAVIT
(In support of application for abatement)
I, Jagdish Prasad, aged about 30 years, son of Durga,
resident of village Tariya, H/o Pageer Chack, Pargana,
Tehsil & District Bahraich, the deponent, do hereby,
solemnly affirm and state on oath as under:-
1. That the deponent is son and legal heir of opposite
party no. 2 in the above noted writ petition and as
such he is fully conversant with the facts and
circumstances of the case deposed to hereunder.
2. That the aforesaid consolidation writ petition has
been filed by the petitioners in the year January
2001, which is pending before this Hon’ble Court
since a long time.
3. That the opposite party no. 2 namely Durga
Prasad, son of Raja Ram had died on 12.06.2007
and death certificate has been issued by the
Registrar (Birth & Death) on 13.07.2007. The
death certificate of the opposite party no. 2 is
being annexed herewith as Annexure No. 1 to
this affidavit.
4. That the opposite party No. 2 Durga died on
12.6.2007 living behind his legal heirs and
representatives three sons namely Jagdish Prasad,
Rajesh Kumar and Brijesh Kumar.
5. That the petitioners are aware of this incident
inspite of this they are not perusing the aforesaid
writ petition.
6. That it is pertinent to mention here that the
petitioners have not filed any substitution
application within the prescribed period.
7. That after the death of opposite party no. 2
namely Durga Prasad the petitioners have not
given any substitution application before this
Hon’ble Court since a long time due to this reason
the facts came into knowledge of the opposite
parties the petitioners have not doing any pairvi
in the present petition.
8. That in the facts and circumstances of the case
the present writ petition may be abated in the
interest of justice.
Lucknow:
Dated : ,2011. DEPONENT
VERIFICATION
I the above-named deponent do hereby verify that the
contents of paragraphs 1 to 8 of this affidavit are true
to my personal knowledge. No part of it is false and
nothing material has been concealed.
So help me God.
Lucknow
Dated : 2011.
DEPONENT
I, identify the deponent
Who has signed before me.
ADVOCATE
Solemnly affirmed before me on
At a.m. /p.m. by the deponent, who is
identified by Shri Rajesh Kumar Sharma, Advocate,
High Court, Lucknow Bench, Lucknow.
I have satisfied myself by examining the deponent
that he understands the contents of this affidavit, which
have been read over and explained to him by me.
OATH COMMISSIONER
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
C.M. APPLICATION NO. OF 2009
Inre:
WRIT PETITION NO. 32 (Cons.) OF 1994
Ram Nihor .......... Petitioner.
Versus
Deputy Director of Consolidation
Faizabad and others ......... Opposite
Parties.
APPLICATION FOR ABATEMENT OF THE
WRIT PETITION
For the facts, reasons and circumstances stated in
the accompanying affidavit, it is most respectfully
prayed that this Hon’ble Court may kindly be pleased to
abate the aforesaid writ petition in the interest of
justice.
LUCKNOW
DATED: ,2009. (SHRI NARAYAN
PANDEY)
ADVOCATE
COUNSEL FOR THE
OPPOSITE
PARTY NO. 11
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
WRIT PETITION NO. 32 (Cons.) OF 1994
Ram Nihor .......... Petitioner.
Versus
Deputy Director of Consolidation
Faizabad and others ......... Opposite
Parties.
AFFIDAVIT
(In support of application for abatement)
I, Rajpati, aged about years, wife of Sri Ram
Babu, Resident of village Balli Kripalpur, Pargana
Pakshim Rath, Tehsil Beekapur, District Faizabad, the
deponent, do hereby, solemnly affirm and state on oath
as under:-
1. That the deponent is applicant/opposite party no.
11 in the above noted writ petition and as such he
is fully conversant with the facts and
circumstances of the case deposed to hereunder.
2. That the aforesaid consolidation writ petition has
been filed by the petitioner in the year 1994,
which is pending before this Hon’ble Court since a
long time.
3. That the petitioner Ram Nihor son of Ram Sewak
has died on 14.12.2002. The copy of the Parivar
Register/death certificate of the petitioner is being
annexed herewith as Annexure No. 1 to this writ
petition.
4. That the opposite party no. 4 namely Ram Sumer
son of Ram Sewak, and opposite party no. 8
namely Jhagru, son of Khelai had died since a long
time. The Parivar Register/death certificates of the
opposite party no. 4 and opposite party no. 8 are
being annexed herewith as Annexure No. 2 & 3
to this affidavit.
5. That the opposite party no. Baitali, son of Khelai
has died on 01.10.2005. The copy of Parivar
Register/Death Certificate is being annexed
herewith as Annexure No. 4 to this affidavit.
6. That the petitioner is aware of this incident inspite
of this he was not perusing the aforesaid writ
petition.
7. That it is pertinent to mention here that the
petitioner has not filed any substitution application
within the prescribed period.
8. That after the death of both the parties have not
given any substitution application before this
Hon’ble Court since a long time due to this reason
the facts came into knowledge of the opposite
parties the petitioners have not doing any pairvi
in the present petition.
9. That in the facts and circumstances of the case
the present writ petition may be abated in the
interest of justice.
Lucknow:
Dated : ,2009. DEPONENT
VERIFICATION
I the above-named deponent do hereby verify that the
contents of paragraphs 1 to 9 of this affidavit are true
to my personal knowledge. No part of it is false and
nothing material has been concealed.
So help me God.
Lucknow
Dated : 2009.
DEPONENT
I, identify the deponent
Who has signed before me.
ADVOCATE
Solemnly affirmed before me on
At a.m. /p.m. by the deponent, who is
identified by Shri Shri Narayan Pandey, Advocate,
High Court, Lucknow Bench, Lucknow.
I have satisfied myself by examining the deponent
that he understands the contents of this affidavit, which
have been read over and explained to him by me.
OATH COMMISSIONER
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
CAVEAT PETITION NO. OF 2009
Avinashi Mishra, aged about years,
Son of Late Ram Sumiran Mishra,
Principal of R.D. Inter College, Suchittaganj, Sohawal,
Faizabad, Resident of village Salehipur Nemaicha,
Near Power House, Post Sohawal, District Faizabad.
........... Caveator/Applicant.
Inre:
Proposed Writ Petition No. (S/S)/2009
1. Committee of Management,
R.D. Inter College, Suchittaganj, Sohawal, Faizabad.
Through its Manager Suresh Dwivedi,
Son of Sri Deo Narayan, Resident of village Malhi
Dubey (Nagrice), Post Haripur Jalalabad,
District Faizabad.
2. Ram Surat Tewari, Hindi Lecturer,
R.D. Inter College, Suchittaganj, Sohawal,
District Faizabad.
............ Proposed Petitioners.
1. The District Inspector of Schools, Faizabad.
2. Avinashi Mishra, aged about years,
Son of Late Ram Sumiran Mishra,
Principal of R.D. Inter College, Suchittaganj,
Sohawal,
Faizabad, Resident of village Salehipur Nemaicha,
Near Power House, Post Sohawal, District Faizabad.
.......... Proposed Opposite
Parties.
CAVEAT PETITION UNDER CHAPTER XXII RULE
5,
OF THE HIGH COURT RULES
To,
The Hon’ble Chief Justice and his other
Hon’ble Companion Judges of the aforesaid
Hon’ble Court.
The caveator/applicant most respectfully begs to
submit as under:-
1. That the proposed petitioners may file a writ
petition against the order dated 14.01.2009
passed by District Inspector of Schools, District
Faizabad.
2. That the caveator/applicant is working as a
principal in the R.D. Inter College, Suchittaganj,
Sohawal, District Faizabad since the year 1999.
3. That the proposed petitioner no. 1 has been
suspended to the caveator on 15.06.2008 due to
this regard the caveator was filed the writ petition
No. 3859(S/S) of 2008 before this Hon’ble Court
and Hon’ble Court was also passed an order after
hearing both the parties on dated 15.07.2008, the
District Inspector of Schools has disapproved the
suspension order dated 15.07.2008 vide order
dated 20.09.2008. The petitioner no. 1 has filed
the writ petition No. 6680 (S/S) of 2008 against the
disapproval order dated 20.09.2008 and this
Hon’ble Court passed an order dated 24.10.2008.
On the same charge taken by the proposed
petitioner no. 1 re-suspended to the caveator on
22.12.2008 and the proposed petitioner no. 1 has
been made incharge/principal to the petitioner no.
2 in the said college and said suspension order
dated 22.12.2008 has been disapproved against
the caveator.
4. That in case any order is passed by this Hon’ble
Court in respect of the aforesaid order dated
14.01.2009 passed by District Inspector of
Schools, Faizabad then the right of caveator will
be vitally affected in respect of the present subject
matter in any capacity.
5. That the applicant/caveator has engaged the
undersigned as his counsel and in case the
proposed petitioner file any writ petition against
the impugned order dated 14.01.2009 passed by
District Inspector of Schools, District Faizabad, a
complete copy, interim relief application, and
annexure of the same may kindly be given to the
counsel for the caveator/applicant to enable him
to contest the case at the time of admission stage.
PRAYER
Wherefore, it is most respectfully prayed that the
caveator may kindly be afforded proper opportunity of
being heard through his counsel at the admission stage
of the writ petition and interim relief application, moved
if any after being served with the notice of proposed
writ petition excepted to be filed on behalf of the
proposed petitioner.
LUCKNOW
DATED: ,2009. (SHRI NARAYAN
PANDEY)
ADVOCATE
COUNSEL FOR THE
CAVEATOR
Avadh Bar Association
High Court, Lucknow Bench.
Res:- Plot No. 15, Vrindavan
Bihar,
Unity City, Phase-1, Lucknow.
Mobile No. 9450458751
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
CAVEAT PETITION NO. OF 2009
Avinashi Mishra ........... Caveator/Applicant.
Inre:
Proposed Writ Petition No. (S/S) of 2009
Committee of Management, R.D. Inter Cillege,
Faizabad & another ........... Proposed
Petitioners.
Versus
The District Inspector of Schools
Faizabad & another .......... Proposed Opp.
Parties.
AFFIDAVIT
I, Avinashi Mishra, aged about years, Son of Late
Ram Sumiran Mishra, Principal of R.D. Inter College,
Suchittaganj, Sohawal, Faizabad, Resident of village
Salehipur Nemaicha, Near Power House, Post Sohawal,
District Faizabad, the deponent, do hereby, solemnly
affirm and state on oath as under:-
1. That the deponent is the caveator/applicant in the
above noted caveat petition and as such he is fully
conversant with the facts and circumstances of
the case deposed to hereunder.
2. That the deponent/applicant has sent the copy of
the caveat petition to the proposed petitioner by
registered post. Postal receipt No. and
postal address
of the proposed petitioner are being pasted in first
page of caveat petition.
Lucknow:
Dated : ,2009. DEPONENT
VERIFICATION
I the above-named deponent do hereby verify that the
contents of paragraphs 1 to 2 of this affidavit are true
to my personal knowledge. No part of it is false and
nothing material has been concealed.
So help me God.
Lucknow
Dated : 2009.
DEPONENT
I, identify the deponent
Who has signed before me.
ADVOCATE
Solemnly affirmed before me on
At a.m. /p.m. by the deponent, who is
identified by Shri Shri Narayan Pandey, Advocate,
High Court, Lucknow Bench, Lucknow.
I have satisfied myself by examining the deponent
that he understands the contents of this affidavit, which
have been read over and explained to him by me.
OATH COMMISSIONER
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
C.M. APPLICATION NO. OF 2009
Inre:
CRIMINAL APPEAL NO. 2441 OF 2007
Dan Bahadur @ Bhalu .......... Appellant.
(In Jail)
Versus
State of U.P. .......... Opposite Parties.
APPLICATION FOR LISTING OF THE CASE
The applicant/petitioner, named above, most respectfully
begs to submit as under:-
1. That the appellant was filed by the appeal before this
Hon’ble Court in the year 2007.
2. That the said case was listed but due to the paucity of time it
was not taken up and as such the appellant is in jail since a
long time and he is suffering from the irreparable loss and
substantial injury.
Wherefore, it is most respectfully prayed that this Hon’ble
Court may kindly be pleased to list the case earliest and allow
the case for which the applicant/appellant shall be highly
obliged.
LUCKNOW
DATED: , 2009.
(SHRI NARAYAN PANDEY)
ADVOCATE
COUNSEL FOR THE APPELLANT
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
C.M. APPLICATION NO. OF 2009
Inre:
CRIMINAL APPEAL NO. 1215 OF 2008
Indra Bhan .......... Appellant.
(In Jail)
Versus
State of U.P. .......... Opposite Parties.
APPLICATION FOR LISTING OF THE CASE
The applicant/petitioner, named above, most respectfully
begs to submit as under:-
1. That the appellant was filed by the appeal before this
Hon’ble Court in the year 2008.
2. That the said case was listed but due to the paucity of time it
was not taken up and as such the appellant is suffering from
the irreparable loss and substantial injury and the applicant is in
jail since a long time.
Wherefore, it is most respectfully prayed that this Hon’ble
Court may kindly be pleased to list the case earliest and allow
the case for which the applicant shall be highly obliged.
LUCKNOW
DATED: , 2009. (SHRI NARAYAN PANDEY)
ADVOCATE
COUNSEL FOR THE APPELLANT
