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SHASHI PRASAD SHARMA versus STATE OF U.P. THRU' DISTRICT MAGISTRATE & ANOTHER

High Court of Judicature at Allahabad

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Shashi Prasad Sharma v. State Of U.P. Thru' District Magistrate & Another - WRIT - C No. 57332 of 2005 [2007] RD-AH 8455 (4 May 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon.Sunil Ambwani, J.

Heard Sri Hasan Abbas learned counsel for the petitioner and Sri R.J. Singh for the respondents.

There is dispute between the two brothers with regard to allotment of house.  Earlier in writ petition No. 55685 of 2003 decided on 18.12.2003, this Court passed an order.  The operative portion quoted in para 15 of the writ petition is reproduced below:

" If the petitioner is aggrieved, he should approach to Civil Court for redressal of his grievance.  No relief can be granted in this petition.

The petition is dismissed.

                                          Sd/- Dr. B.S. Chaunan,J.

                                          Sd/- R.C. Pandey,J."

It is contended that the petitioner was advised that for the purpose of allotment of house Civil Court means 'Industrial Tribunal' and thus the petitioner approached Industrial Tribunal. The Additional Labour Commissioner, Varanasi has dismissed the application with the findings that the aggrieved party has to approach Civil Court in terms of orders of this Court. This Court cannot over rule a Division Bench Bench nor could the Labour Court Varanasi.  It appears that the advise of the local counsel wanted to over reach the Division Bench judgment of this Court.

The writ petition is only misconceived and is dismissed.

Dt. 4.5.2007

BM/- wp 57332-05.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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