Contempt of judiciary with the active connivance of judges
Mr. Ramesh Chandra Lahoti,
Chief Justice of Supreme Court of India.
Subject: Traitor judiciary is house of torture, extortion and pettifoggery.
Reference: News pertaining to extortion by Ld. Sambhoo Nath Saroj Addl. C.J.M., Court No. 18,
Judiciary has nothing to do with justice.
Hon'ble Sir,
May note! Upon the above disputed land stay order to the following effect is still alive.
Misc 62/04 in appeal 4/04 arose out of O.S.105/98.
Application under Order 39 Rule 2A
It stipulates, "04.3.2004
"By the O.P. for time to file objection. Allowed. Provided the O.P. shall maintain present position till disposal of the case. An undertaking be submitted in the court to above effect. Fix 26.03.2004 for hrg.
"Sd. D.J. Gorakhpur"
Ld. Shri Jagat Prakash
The undertaking was filed on 15-3-04. Still constructions are on with the connivance of traitor judiciary. Nay! Now even the tube-well is in operation since April 2004. (Annexure 11)
Nay! There are order of Remand dated 21.11.1988 vide Civil Appeal 4101/1988 from apex court, two orders dated 9 & 10.8.1989 (Annexure 2 & 3) and report of JR dated 28.7.1989 (Annexure 1) from Allahabad high court. They operate as res-judicata because your cousins could not dare to challenge those orders in any court since then till to date. You can check CMWP 9672/88 Writ 'C'.
In spite of those orders and stay your criminal cousins are raising constructions upon the land and you have no courage to stop them. Thus, you have failed to uphold law. You must resign if you have least moral.
I am submitting another evidence of his extortion and abuse of judiciary. This has videly been circulated in various local news papers. I am submitting news clipping marked as Annexure . Since the culprit judge is sharing booty with two notorious criminals named butcher Kalam and man eater Sonia, no action is being taken against him.
This Writ was fraudulently dismissed on 8.8.88. (Annexure 10). Thus I was deprived of my land by your criminal judiciary that very day. However, the apex court set aside that fraudulent order vides Appeal No. 4101/88 on 21.11.88 and remanded the Writ to High Court again. (Annexure 11). Due to the presence of Hon'ble Shri Ravi Swaroop Dhavan, J, your criminal cousins could not raise constructions between 15-12-88 & 15-12-03 i.e. for 15 years.
No sooner, he left Allahabad and joined Patna as CJ, your criminal subordinates started pettifoggery. (Annexure 4) The suit was deliberately returned by the judiciary. Thus, the Writ 9672/88 as well as stay dated 12.12.88 turned in fructuous.
There was stay on my land since inception of the suit viz. 12-2-88. (Annexure 6). The stay was vacated by the judiciary on 17-2-88 vide appeal 47/88 filed by the Respondents No. 4 and 5 viz. Nagar Nigam and Jal Nigam. (Annexure 7). Thus, it was judiciary that connived with the respondents to permit illegal possession and usurp my land. Now the very judiciary is dismissing my stay orders on the ground of possession. (Annexure 7). The appeal filed by the Respondents No. 4 and 5 was finally heard and disposed of vide the judgment and order dated 1.3.1988 where under the said appeal was dismissed with an observation that the objections to the injunction granted could be filed by the appellants, which will be disposed of by the trial court in accordance with law. In the judgment passed by the respondent No. 1 disposing of the Misc. Appeal No.47 of 1988, after hearing the counsel for the parties and considering the evidence and materials brought on record, a clear cut finding was recorded that the Respondents No. 4 and 5 could not establish that plot No. 886 claimed by the plaintiffs had been included in new number 927. It was further held that the aforesaid Respondents had failed to establish that plot no. 886 was the number of new plot No. 927 and that they had further failed to establish that the Government Normal School was ever owner of plot No. 886 or Plot No. 927. It was further found that plot No. 886 initially belonged to John Hall Brijman, who had parted with the same in favour of the predecessor –in-interest of the plaintiffs. A true copy of the judgment and order dated 1.3.1988 is being filed herewith as Annexure 5 to this petition.
Now it was the time for the criminal judiciary of democracy to connive with the respondents through forgery. The judiciary did it with the collusion of Lekhpal, who interpolated the revenue settlement record that does not tally with the collector's record. Look! It is clear-cut finding by one of Justices of your own High Court named Hon'ble Justice Sri K.N. Ojha. (Annexure 1). The reason for no interpolation in revenue record of collector was that I had got sealed the Collector's record. (Annexure 8)
However your traitor, pettifogger, extortionist and torturer judiciary, which has been instituted to help Governments usurp the belongings of the haves, always helped the usurper respondents in raising the constructions.
During every appearance in Allahabad High Court, the standing counsels of the respondents shamelessly declare that I cannot get back my land. Even if the title is established, I would get compensation. What may that compensation be? It may be even some lashes upon my naked back. Tell me! Where can I get a worse robber than democracy?
My problem is that in case there is dispute of title I can move Revenue authorities. In case of injustice I can move judiciary. Where is forum for me when Revenue Authorities and judiciary are themselves corrupt, torturer and usurper? Whatever may be the advantages of Democracy, but it snatches morality among the citizens. We have proverb. If wealth is lost nothing is lost. If health is lost, half is lost. However if moral has lost every thing has lost.
In my contempt application, under affidavit, I have moved the court for action against the Respondent 5. (Annexure 9). Judiciary did not pay attention. The constructions are still in progress.
Farmers tame poultry and sheeps that need investment for their maintenance. The criminal usurpers Democrats have invented the cruelest dogmas to make man source of exploitation without investment of single paisa. Man has become worse animal of exploitation than these sheeps, bullocks and cows.
Look! We are toiling to feed you criminals. While the farmers have to invest for farming of their live stock, we are such hapless live stock upon which you have not to invest a single paisa. We pay court fees, stationary charges, fares to attend your extortionist employees of judiciary Rs. 5 at the time of call in the courts. Even the Indian Constitution's Article 39(c) supports the extortion! You call this extortion justice! We have no right, no dignity and no honour. Our women belong either to Muslims or to Christians. (Bible, Isaiah 13:15&16) (See Koran, 4:24; 23:6 and; 33:50 & 70:30). We cannot worship our Ishwar. (Namaz & Koran 21:98) & (Bible Exodus/ Chapter 20 / the Ten Commandments/ Verses 3 & 5). This is crime as per Jehovah and Allah both. This again is supported by the Indian Constitution! You have been deputed to send us in jail if we oppose these dogmas and the Indian Constitution.
During the era of Sahastrabahu, the best Kamdhenu cow of Jamadgni, the father of Parashuram, belonged to the very king Sahastrabahu. That injustice caused elimination of kingdoms of Khatrias 21 times. During the era of Ravana best and most beautiful woman Sita belonged to Ravana. This culminated in the elimination of the entire Raksha culture. During the era of Kaurav Dhritrashtra stripping of Dropadi and putting her on the thigh of Duryodhan, that too in the presence of 2 invincible and 2 immortal juries, was justice. It culminated in Mahabharat which eliminated all the science, culture and moral of this Bharat and Bharat could not recoup yet. You will agree that those were stray cases with some stray people. However, the judiciary of democracy has surpassed all the atrocities of old tyrant rulers in the guise of justice. Still it survives - that is wonder!
Democracy is the worst regimen humanity faced yet in human history. Democrats promise freedom and provide worst servilities of property and faith to the human race.
Have you got jurisprudence? If booty belongs to Allah, who is this Satan Allah? If booty belongs to Christians, who are the Christians? If property belongs to society, who is the society? Can you do justice?
Judges, Public servants, Muslims, and Christians are fools. They are committing crime with the human race in lust of power, pelf, booty, and sex. They are accepting servilities of the prevailing rulers. They are being cheated by their rulers in lieu of booty and sex. They have no choice. As long as they would extort money from citizens and share booty with the Governments, their services are secure. No sooner they would stop extortion, their assets would exceed to their known sources of income. While the plunder of the whole nation is not corruption, extortion of meager sum is corruption. That is the moral of judiciary.
In notorious usurper democracy, man has been reduced to the most hapless source of exploitation in lust of its own greed for share in booty. Man has lost his acumen. He is unable to understand the game of social engineering, Islam, and Christianity. Thus one is on the verge of extinction. If you have least moral you must resign from this tyrant democracy, else you won't be able to protect your own women from getting raped either by Muslims or by Christians. They would plunder and slay you. When USA could not save it how would you?
THIRD SCHEDULE OF THE Indian Constitution
"Form of oath or affirmation to be made by the Judges of a High Court/ Supreme Court:-
"I, A. B., having been appointed Chief Justice (or a Judge) of the High Court at (or of Supreme Court). . . . . . . . . do swear in the name of God / solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, 1[that I will uphold the sovereignty and integrity of India, ] that, I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws."
Bearing true faith and allegiance to the Constitution of India and consequences thereof
Let me tell you what the Indian Constitution stipulates:-
URL: http://www.constitution.org/cons/india/p03029.html
PART III
FUNDAMENTAL RIGHTS
"Cultural and Educational Rights
"29. Protection of Interests of Minorities-(1) Any section of the citizens residing in the territories of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same."
The citizens' fundamental right to property, as was provided by the Indian Constitution vide Article 31, was first amended vide the first amendment of the Indian Constitution in 1951 with retrospective effect. With 44th amendment sub-heading, "Right to Property" was totally omitted from the Indian Constitution since 20-06-1979. Still these parliamentarians as well as judiciary, which justified this robbery, are not robbers and usurpers simply because they offer a mirage of distributing the booty among poor. Thus plunder and usurpation became your constitutional right!
You would agree that judiciary has not been deputed to do justice. In fact when Article 31 was omitted an Article 300A was inserted towards consolation. It stipulates, "Persons not to be deprived of property save authority of law..." Accordingly you have been deputed to invent excuses to help State rob the belongings of the citizens. In my above case you are doing it!
That is one facet. The judiciary is performing other duty as well. I have got demolished Babri structure. Nay! I have submitted several affidavits, accepting responsibility of demolition, in courts as well as Librhan Commission on Ayodhya. The media had widely published, aired and telecasted the affidavit. However, the judiciary is trying those, who are saying that they are innocent!
Look! The issue is why Azan and Namaz, which are crimes u/s 153 & 295 of the IPC, be permitted? Why the mosques, where Muslims abuse our Ishwar & Vedic culture be permitted to survive? Why the Muslims, who vivisected Bharat, be permitted to stay back in Bharat? Why the guides of criminals named Koran, Bible and the Indian Constitution be not proscribed? Qaba belongs to Aryans. 359 idols in its vicinity had been demolished by Muhammad. Why must this Qaba be not returned to Aryans after re-istallation of the idols? You have been deputed to thwart these basic issues.
Civilized Governments do not sit on negotiation tables with criminal nations, religions, and persons. They extort tax for punishing criminals. Atal had signed Lahore treaty, was running Lahore Bus service to import Mujahidins for slaughter and plunder of Aryans. Atal had thus approved the legitimacy of Pakistan. Now, Manmohan Government accepts Islam and Christianity religions. His Government has set free heinous criminals like Yasin Malik and is not punishing I.S.I. agent Abdulla Bukhari. His government has also declared Mizoram peaceful state and rewarded Christians with peace bonus where lacs of Reangs had been killed and plundered by Christians and Reangs have fled to Tripura. Manmohan Government has also granted peace prize, land, and huge amount of donation to Australian missionary Graham Staines. In contrast to this Manmohan Government is punishing those who are trying to protect Vedic culture and Bharat from notorious humbugs.
Stop cheating Bharat and Aryans. Protect your self and your properties and women from criminal vultures. Accept that you have nothing to do with justice. You are here for committing suicide and for annihilating Bharat and eradicating Vedic culture.
Judiciary has justified plunder of property and is justifying Azan, Namaz and mosque. Vide writ 297/1985, Chandmal Chopra Vs. State of WB, judiciary has declared publishing the verses of Koran and Bible crime that attracts action u/s 153 and 295 of the Indian Penal Code. However the very sources viz. Koran and Bible from where these verses are drawn are immune from any action. Nay! Judiciary has held these criminal guides religious book, Satan Allah and Jesus secular gods, Islam & Christianity secular religions and declared that no court can sit into judgment on these guides of criminals pretending to be religious books.
Azan and Namaz are insult of our ishwar and Vedic Sanatan culture, punishable u/s 153-A, 153-B and 295-A of the Indian Penal code. Koran is a compilation of the commands of Satan Allah to slay those, who worship other gods besides Allah. (Koran- Surat Bakrah Ayet 191 & spoils of war, verse 39). You have been deputed to insure that no one can question Azan and Namaz and thus insure insult of Ishwar and Vedic culture.
The victims
Aryans are victims of their own Vedic culture, which opposes robbery of the subjects. It restrains State from taxing over and above 16.67% (See Manusmriti 8:308). It provides freedom of worship of any God of one's choice. See Gita 7:21. Therefore, the eradication of Vedic culture and their followers is the basic need of the democratic system of regimen of India. Islam and Christianity support subjugation, plunder, and slaughter of Aryans, which are the basic requirements of Union of India.
The vendetta
The Aryans of India never stopped their fight against aliens. They opposed the stay of alien Jesus in India as well as their rule upon India. Therefore, they are enemies of Jesus even today. The cunning Jesus has to take revenge from the Aryans of India. Allah and his Islam support the slaughter of Aryans. So Islam is being exploited as tool by Jesus to slay Aryans of India since 1857. The British agent, the so-called Saint and Father of the Nation, Mohandas Karamchand Gandhi, an imposter, to eradicate Aryans of India, has detained Muslims to slay enemies of Jesus. India never got independence. Section 3(6) of the General Clauses Act is the proof. Bharat is Common Wealth member. This is another proof. The citizens of India are still the slaves of British Crown. In fact, Jesus has temporarily transferred the right to rule to his own created agents and his party named Congress. All the British agents gathered in Congress party to eradicate Aryans of India with the active support of Islam. Look! Whether an Aryan is killed or a Muslim is killed, ultimately enemy of Jesus is killed. Look! Christians are exploiting Islam without investment of single penny. On the pretext of non-violence, the protracted slaughter of Aryans, since 1947, by Muslims in Pakistan, Bangladesh, Jammu & Kashmir, and now in whole India is proof.
Antonia Maino alias Sonia Gandhi is criminal. Her Bible is guide of criminals. Jesus is criminal. His father Jehovah is criminal. Constitution of India is harbouring, aiding, and abetting criminals to eradicate Vedic Sanatan Culture.
Christians' Congress Party has compiled the Indian Constitution in retaliation, to settle vendetta for opposing the kingdom of Jesus in the globe (Bible, Luke, 19:27), and to eradicate Vedic culture through the Article 29(1). Through the very tailor compiled Article 29(1) of the Indian Constitution by Jesus' Congress, the criminal Muslims and Christians have been provided unfettered fundamental right to conserve their culture i.e. in fact right to liquidate every non-Muslim and non-Christian from the globe.
Rise to the occassin. Eradicate Islam and Christianity else you would be get slain.
Humanity must beware of the enemies of human race, named Christianity and Islam. Aryans may note! They have right of private defence u/s 102 & 105 of the Indian Penal Code. Man Mohan Government, who is culprit of abetting Christianity and Islam, has no right to rule. For convenience, the laws are being reproduced as hereunder,
"96. Nothing is an offence which is done in the exercise of the right of private defense."
"99. ... There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities."
"102. Commencement and continuance of the right of private defence of the body.—The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues."
"105. Commencement and continuance of the right of private defence of property.—The right of private defence of property commences when a reasonable apprehension of danger to property commences. ..."
Compiling Article 29(1) of the Indian Constitution, is itself a crime committed by the Jesus's Congress Party intended to annihilate Vedic culture and eliminate Bharat from world map. However, unlike Article 31 of the Indian Constitution, the laws of Indian Penal Code have not been amended yet and are in full force. Exercising her right provided in Section 96, 99, 102 and 105, of the Indian Penal Code Aryavrt is repeatedly demanding for abolition of Azan, Namaz, Islam and Christianity. If Union of India cannot protect humanity, she has no right to rule. Union of India must peacefully transfer the power to Aryavrt Government. The Judges have taken oath to uphold law. May the Judges perform their duty, if the Judges have least moral and regard for their own oath!
Jihad or terrorism?
The ultimate goal of Islam is establishment of the kingdom of Allah i.e. Dar-Ul-Islam upon the earth, including USA & Britain (Koran 8:39). So long as Muslims demand Kashmir, it is Jehad. No sooner Muslims demand Australia, America & Britain it turns terrorism. So long as Muslims slay Aryans it is Jihad. No sooner Muslims slay Christians, it turns terrorism. So long as Muslims attack soldiers in Indian Military camps, it is Jihad. No sooner Muslims attack Pentagon it turns terrorism. Indian Constitution is fraud. One has no choice. See the Article 29(1) of the Indian Constitution compiled by the Congress Party of Christian vultures.
So long as Muslims demolish temples, slay Hindus, usurp their properties, rape their women, no Muslim is arrested. No enquiry commission is constituted. Muslims murdered Kashmere Hindus and are usurping the properties of more than 3 lacs Hindus'in Kashmir since 1990.
When Muslims hounded Kashmere Pandits out of Kashmir, judiciary remained silent spectator. Again when Christians hounded out Reangs from Mizorum, judiciary remained silent spectator. Both Muslims and Christians are usurping the land and properties of the expelled victims. Judiciary remains silent spectator. However, look at the comments of stupid CJI V.N. Khare:-
"Apex court's chief Justice V.N. Khare had warned the Gujrat Govt. that he cannot remain a silent spectator to its in action in Best Bakery case. Khare had also said to Modi, "you have to protect people and punish the guilty....you quit if you can't proscuete the guilty."
V.N. Khare is a criminal of a class. To tell this man a criminal is contempt of the judiciary. Can this apex court indict Nagaland, Mizoram, and Kashmir Govts for their in action and ask their CMs to quit?
You are not different from V.N. Khare. He protected Zahira and you are protecting Bilkis!
May the media note! The people of these states have been hounded out from their motherland and languishing in refugee camps in their own mother land i.e far less than what has been in Gujrat!
Who was prosecuted for killing the people of Kashmir, Nagaland, and Mizoram? These Govts are not prosecuting those criminals who are usurping the properties and women of refugees.
Who are judges?
I wish to draw your attention towards an incident which would help you understand the reason behind your posting as Chief Justice. In those days I was doing business in Calcutta. While I was passing through the street, I saw a huge gathering adjacent to street. To my surprise, it was Jhakkar alias Badri Kanhar of my native village Mujahana. He has passed to his heavenly abode leaving his two sons Moti and Parsoti. He was a remarkable magician. To grow tree on palm, to eat burning coal, thereafter drink water and ultimately discharge flames from mouth for several minutes, to create bees etc. were his favourite shows. So he used to attract huge rush. No sooner he saw me, he was in panic. He requested me to sit on the empty box in which he used to keep his paraphernalia. Before starting his show, he declared, "Brothers and sisters! Beware of your pockets, lest I would toil and fruits of my toil would go into the hands of pickpockets." The spectators started checking their belongings. Exactly it was the time for his hired pickpockets to indentify their prey. This was winter of 1971. When his show was over he could collect hardly some coins amounting to Rs. 4 or so. Not bad for those days. He packed his paraphernalia in the same box upon which I was sitting during the show. Some SPECTATORS were weeping as their pockets were picked. He consoled them telling that he had already cautioned them. Now what could he do? When I questioned as to why he pressed me to sit on the empty box. He requested to come in Lilluah Railway Colony at 8 PM sharp as he had to join night duty at 10 PM in jute mill.
When I reached his house, I saw his two pickpockets giving him Rs. 70 towards share of booty they had picked in the crowd. Now compare Rs 4 with Rs. 70. Nay! It was share from his two agents. There were several others. Now I understood the reason for asking to sit on the empty box. He did not like the same status for me like other victims.
However the poor Badri had one limitation. He was unable to punish any one of his agents who did not share booty. Union of India has, therefore, deputed judiciary, CVC, ED etc. to punish those who did not share booty with Abdul Kalam and his agents.
You may replace Badri with Antonia Maino, who is stupid (Bible, Genesis 2:17) sheep (John 10:14-16) of Jesus and is staying in Bharat to slay non-Christians, eat their flesh and drink their blood and establish kingdom of Satan Jesus and pick-pocket agents with you and other public servants. In lust of booty, sex, power and pelf, you do not find any illegality in extorting Rs. 5 from the hapless litigants.
Christians are worse than vultures. While vultures eat dead corpses, Christians eat flesh of living son of the man! (Bible John 6:53). Any one who has seen vultures might have knowledge that perching of a single vulture upon a green tree is more than enough to annihilate the tree. One Columbus reached America and annihilated the entire 100 million Red Indians and their Maya culture. One Muhammad eradicated all the three his host tribes of Madina viz. Banu Qainuka, Banu Nazir and Banu Quraiza. One Max Muller annihilated Aryans' Veds and one Macaulay annihilated Aryans Gurukul and Sanskrit language.
The hard truth is that neither you would survive nor would you allow human race survive. You are digging your own grave. You are protecting the criminal religions which would dash your infants to pieces, rape your women before your own eyes, and slay you. (Bible, Isaiah 13:16). Once Nelson Mandela had said in his speech, "When Christians came to Africa, they had Bible and we had lands. Now we have Bible and the Christians have grabed our lands."
The Indian Constitution has suitably been tailored and amended to plunder the haves. The citizens' crime is that they do not accept usurpation in the name of society, Islam and Christianity crime in the greed of booty and sex. These prophets, Communists, Socialists and Democrats have cleverly made them believe that they would get due share from the booty so extorted. Needless to say that Abdul Kalams alone cannot usurp the whole nation. So he has deputed his agents, called public servants, like Jhakkar had deputed. These agents are called public servants and judges to cheat the citizens. They have been given full immunity. No citizen can sue against them. Permission is required from employer i.e. President Abdul Kalam/ LG Joshi to sue them. For the purpose there is Article 39(c) in the Indian Constitution which is being quoted as hereunder,
"The State shall, in particular, direct its policy towards securing-
"(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;"
The definition of Muslim given by Dr Rafiq Zakaria, an authority on Islam:
"A Muslim is one who declares publicly: 'There is no God but God and Muhammad is His Prophet.' He must also accept that Muhammad is the last of God's prophets on this earth..... A Muslim must also accept the Quran as the word of God, immutable and unalterable; it contains guidelines which a Muslim must follow." (Rafiq Zakaria, "The Struggle within Islam" Penguin Books, 1988, pp.302).
"Islam must rule the world and until Islam does rule the world we will continue to sacrifice our lives," Al-Badr spokesman Mustaq Aksari, - CNN September 19, 2001 headlines today!
The orderly Gods!
That One must understand the callous game of these criminal prophets. As per dogmas of Islam this Bharat is Dar-Ul-Herb. To convert Bharat into Dar-Ul-Islam is the religious duty and culture of every Muslim. Similarly any one who does not accept Jesus one's ruler must be slain by every Christian towards his religious duty and unfettered fundamental constitutional right. Aryavrt has reasonable apprehension of danger to body and property of every human being as such has right of private defence vide Sections 102 & 105 of the Indian Penal Code. While saving Bharat and Human race Aryavrt is not committing any offence, but is exercising its right of private defence.
Humanity is victim of both Satans Allah and Jesus. Either one does not worship Allah alone (Namaz & Koran 2:191 & 21:98) or does not accept Jesus one's ruler (Bible, Luke 19:27), as such Christians and Muslims are religiously and constitutionally right in murdering their common enemy Aryans because Aryans do not want Jesus to be their king and worship other gods besides Allah. No sooner one accepts Islam, Judaism, Christianity and Socialism, these criminal activities of murder, plunder, rape of women ceased to be considered crime. Instead these crimes turn into the source of sustenance and heaven after death.
The notorious frauds named prophets have invented a new way of making the whole humanity their slaves irrespective of faith. These prophets have converted even their own followers, into their slaves for they have made their brainchild god unapproachable. Compare Ishwar with these criminal Gods! Any one can meet Ishwar direct. Ishwar has no broker. No one can meet Jehovah and Allah. While Jehovah has two brokers named Moses and Jesus, Allah has one alone named Mohammad. Nay! Allah is last Satan and Muhammad is last imposter. So why should one worship these impotent & criminal Satan gods named Jehovah and Allah who make one slave, instigate one to murder, plunder and rape women of alien faiths and forbid one from worshipping a god of one's choice, in lieu of Ishwar who gives one unfettered right to worship any god of one's choice? Look! The notorious democracy calls this status of servility, freedom of faith! Therefore, the suggestion to these followers of criminal prophets is to relinquish their prophets and come into the fold of great and omnipresent Vedic culture. Do not believe in and do not accept religious servility for sex and booty. Come into the fold of Ishwar. Enjoy economic rights (Manusmriti 8:308) & worship a God of your own choice. Gita 7: 21.
There is scramble for booty around the whole world. Moses was the first criminal who gave moral status to Booty, rape of women (Bible Isaiah 13:15-16) and subjugation of aliens through his religion Judaism and his domestic servant Jehovah on the pretext of worshipping alien gods. (Bible Exodus/ Chapter 20 / the Ten Commandments/ Verses 3 & 5). Jesus improved the booty further. He moralized eating flesh of the son of man and drinking his blood and slaughter of one who does not accept him his ruler. (Extracted from Bible-Luke/ Chapter 19 / Verse 27 & John, 6:53). Muhammad invented Allah who is the owner and distributor of booty, (Koran 8:1 & 41), killer of non-Muslims, (Koran 8:17), absolves the rapist of women (Koran 4:24; 23:6; 33:50 & 70:30) and is the owner of the world. (Koran 2:255). Still Jesus & Muhammad provided limited right of booty to their followers. In case of Allah the amount is 80% of the booty. Property is power. Remaining in the hands of citizens, property prevents their subjugation, servitude, and eradication. Therefore, Carl Marx invested property into the immoral and corrupt society. Snatching capital by communists is literally robbery and is crime against human race. Their crimes caused eradication of Marxism on the globe. However, Democracy has surpassed all the above usurper regimens. Democracy is blend of Christianity, Islam and Communism.
Booty belongs to Jehovah (Bible, Deuteronomy 20:14) & Allah (Koran, 8:01), and property belongs to Society (Manifesto of Carl Marx) and Democracy {Article 31 and 39C}. Women of the aliens belong to either Christians or to Muslims. That is the moral of the world. Therefore, they hate Vedic Sanatan Culture. Manusmriti 8:308 & Gita 7:21. Muslims, being largest community of Bharat, alone can eradicate Bharat, Vedic Sanatan Culture and Aryans. That is the reason that 'Allah alone can be worshipped' is secular worship and one does not see the sentence as insult to one's faith! Does it meet the requirements of preamble of the Indian Constitution? Robber, (Koran Spoils of War 8:01 & 41) butcher, (Koran Spoils of War 8:17) rapist, (Koran 4:24; 23:6; 33:50 & 70:30) and converter (Koran The Prophets 21:98) Allah is merciful god. While Jihad is literally terrorism, one cannot say it. The Indian Constitution provides unfettered power to commit Jihad vide Article 29(1). Thus Union of India would fight against terrorism.
Thus, the basic cause, i.e. protection of lands, lives, ladies, liberties, and labours of the subjects, for protection of whom the governments were invented and implemented, gets defeated. The snatching of one's belongings, which is a crime, turns into the religious duty of every follower of these criminal religions and first part of the duties of democratic & socialist governments. The followers of these religions, socialists, and democrats find no immorality in snatching one's property, one's women, and killing an innocent.
Accordingly on both count, judges are the worst traitors, terrorists and corrupts of immune class. A victim has no forum to complain against judges. They are conniving with Governments in the usurpation of the belongings of the haves and eradication of the Vedic Sanatan Culture either by murdering Aryans or plundering Aryans! Judges are conspiring against their own descendants in lust of booty, power & pelf. The judges are criminals. They deserve jail. The usurper democracy has made it possible that they are adjudicating.
I suggest you to not to fall prey of democracy. You should resign from the post. You may join Aryavrt and serve the humanity. Note! Aryavrt is fighting war against usurper cultures. Our Bharat had several warriors, social reformers, saints and even kings. None of them fought against the root cause of human miseries viz. Christianity, Islam, Socialism, and Democracy. These cultures are invented to rob and enslave one and all. They must go else human race won't survive.
(Ayodhya Prasad Tripathi)
\
IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANNEXURE 1
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others ................................................................... Respondents
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD.
*-*-*-*-*-*
CIVIL MISC. WRIT PETITION NO. 9672 OF 1988
District:-Gorakhpur
Shiv Ashrey Tiwari and others ..........Petitioners
versus
Ist . Addl. District Judge, Gorakhpur and others....Respdts.
REPORT/ORDER OF THE JOINT REGISTRAR, DT. 28.7.1989
Hon. Ravi S. Dhavan,J.
In compliance of your Lordship's order, I checked Annexure RA-5 and RA-6 on the record of writ Petition No. 9672/88 Sheo Asrey Tewari & anothers Vs. I Addl. District Judge & another in respect of plot no. 927 of village Turkamanpur Tappa Kasba Pargana Haveli Sadar Gorkhpur of the year 1323 fasli and 1295 fasli and found that conversation of the land from bigha to acres is correct.
In Khasra of village Turkmanpur(Collector's record) of 1322 fasli, there are two sets of plots, against Plot no. 927, one set consists of sub -plot no,881, 882, 883 and 888. Another set consists of sub plot no. 875-876-877 and 878. In column no. 3 total area is written to be. 7.32 acre. But in Fard Mutabiqat (Comparative table) of 1322 fasli(Lekhpsl's record) of village Turkmanpur plot no. 927 consists of sub-plots 881, 882,883,884,885, 875, 876, 877, 878 and 886. Thus, there addition of plot nos. 884 ,885 after plot no. 888 and 886 after plot no. 878 in Lekhpal's record and both the records do not tally.
Against the original entry of plot no. 878, figure '8'was added on left side to make it read as '887'. Thereafter figure '8' on the left side of original figure was cut. This gives impression that it can be read as 878 and 887 both. At page 99, there are cutting but no official has signed on such cutting.
As directed by your Lordship, Urdu, Hindi and English transliteration of the relevant records has been done, which is attached herewith for your Lordship's kind perusal.
Submitted for kind perusal and order.
Sd/-K.N.Ojha
Joint Registrar ©
28-07-1989
TRUE COPY
Sd. Illegible 3.9.90
S.O.COPYING'D' SECTION
HIGH COURT ALLAHABAD.
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IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
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ANNEXURE 2
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others................................................................... Respondents
CIVIL MISC. WRIT PETITION NO. 9672 OF 1988
District:-Gorakhpur
Shiv Ashrey Tiwari and others ..........Petitioners
versus
Ist . Addl. District Judge, Gorakhpur and others....Respdts.
HIGH COURT, ALLAHABAD
ORDER-SHEET
9-8-1989 Hon: Ravi S. Dhavan
Present:
The petitioner No. 2 in person, Mr. G.L. Tripathi Standing Counsel on behalf of state of U.P. Mr. S. Mandyan, Advocate for Respondent No. 4, holding the brief of Mr. B.D. Mandhyan, Advocate, Mr. K.B. Mathur, Advocate otherwise standing counsel, U.P. for Respondent No. 5.
The petitioner No. 2 has filed an affidavit with eleven annexures, which with the exception of one refer to the land records, otherwise in the possession of the district administration i.e. the State. A copy of this affidavit has already been delivered to counsel for the parties.
All the Respondents have jointly and unanimously prayed and requested the court that the matter be adjourned for today as they feel that the matter needs to be discussed with the Collector and District Magistrate, Gorakhpur. The reason for short adjournment was explained by learned counsel aforesaid. Regard being had to the record as of date, including certified copies of land records filed today, a short adjournment over the week-end was desired to obtain instructions. It was further contended that in consultation with the Collector/ District Magistrate party Respondents would seek instructions to suggest a proposal if another tract of land contiguous to that in the possession of petitioner, as of date, can be made available, subject to such orders as may be passed by this court, so that the interest of all parties can be protected. The request for adjournment, to let the Collector and District Magistrate consider the matter is not unreasonable. The matter is thus adjourned to be listed on August 18, 1989, as August 15 and 17 are public holidays.
After the aforesaid order was passed and at the rising of the court, Mr. B.D. Mandhyan, Advocate entered appearance to insist that the matter be taken up as unlisted tomorrow. The Court requested learned counsel to be briefed by his colleagues in this case on the proceedings as are on record, during his absence, as the request for adjournment may ultimately see a solution and end litigation. Learned counsel insisted that the District Magistrate Gorakhpur has nothing to do with the matter and that he must have his say.
As the matter cannot proceed beyond court hours in any case, place as unlisted tomorrow so that Mr. B.D. Mandhyan, Advocate, may have his say on whatever he contends. Let the record be before the court.
Sd. Ravi S. Dhavan, J.
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IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANNEXURE 3
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others................................................................... Respondents
TRUE COPY
HIGH COURT, ALLAHABAD
ORDER-SHEET
9672 of 1988
10.8.89 Hon'ble Ravi S.Dhavan, J.
Pursuant to the order passed on 9.8.1989 and after the orders were passed a request was made by Mr. B.D. Madhyan, learned counsel for the respondent no. 4 that an opportunity may be given to him to have his say. Learned counsel aforesaid has indeed been insisting that the Collector representing the State of U.P. and arrayed as repondent no. 3 otherwise has no locus standi in this matter and there is no occasion for the learned Standing Counsel to seek an opportunity to consult or receive instructions from the collector in reference to the record of the matter in issue.
Learned standing counsel on the other hand has submitted the delicacy of the situation that upon the record of the writ petition as of date it should not at any stage be presumed that he has not brought it to the notice of or not consulted the Collector, Gorakhpur. Learned Standing Counsel has reservations on the submissions made by Mr. B.D. Madhyan, Advocate that the Collector has nothing to do with the matter. Learned Standing Counsel further submits that it would be appropriate that the record of the writ petition as of date be brought to the knowledge of the Collector and he be apprised of the proceedings as of date, which would otherwise be in the interests of justice if a solution can be found as mentioned in the order passed yesterday without going into the controversies on the right or wrong of it and without jeopardising any interest which the petitioner may have over the constructed land which is the subject matter in issue. In so far as the petitioner is concerned after the learned Standing Counsel made submissions he contended that he leaves the matter entirely in the hand of the court and has nothing further to say. In effect the submissions by learned counsel for the respondent no. 4 Mr. B.D.Radhyan was that no opportunity be granted to the collector and the case ought to proceed and taken up on merits.
The court does not see any reason why so much heat needs to be shown by learned counsel for respondent no. 4 when the efforts of the learned Standing Counsel is only to seek instructions from the Collector and present a solution. The contention of Mr. B.D. Madhyan, Advocate, learned counsel for respondent no.4 is that the matter be decided upon merits straight away and it is not necessary to give any opportunity to the Collector to have his say through the State Counsel. This is an unusual submission. The Collector, does not cease to be a party in the present writ petition and has in fact been arrayed as a party respondent, representing the State, and he must have an opportunity to have his say or instruct the State Counsel. The Standing Counsel submits that so far the Collector or the state had not filed any counter affidavit as initially the instructions were not to contest the case. Learned Standing Counsel submits that this may be misunderstood that the situation is permitted to pass by default. Further, should the collector be able to remedy the situation in the Public interest and in the interest of justice, and then the situation may not prejudice any party.
This court finds it difficult to agree with Mr. B.D.Madhyan, Advocate that the collector should not have his say when he is otherwise the chief executive of the district administration and cannot be ignored in matters of public planning within his district. No major planning can take place without consultations and reference to the collector district. Planning and implementation of projects and plans executed according to law by coordinating it with the collector cannot be said to be a bad exercise. This court feels that the collector and the District Magistrate, Gorakhpur, must be given an opportunity to be apprised of the proceeding of the writ petition as of date. If upon perusal of the record the collector finds that the matter needs to be remedied, and it is not that the situation cannot be remedied, then he may explore possibilities of acting on a proposition which he may consider just, appropriate and practical without damaging or prejudicing the rights or pleadings of the parties, including the state. The situation as on record today is that it is not that the petitioners were not in possession, as this is being shown from the records field so far. The record reflects possession of the petitioners, on the record of the respondents. The merits and the quality of title is reserved for comments subsequently. Another aspect which needs to be brought to the notice of the collector/ District Magistrate is the state of the record, being the settlement records summoned from two sources, the Lekhpal's record and the Collector's record. Already there is a reservation on the record when the record keeper declined to issue certified copies as there were interpolations. The records having been summoned and examined by the Joint Registrar, a report was submitted to the court. The report is dated 28 July 1989. The report is to the effect that the Lekhpal's record, carries interpolations and additions which are not compatible with the collector's records, in reference to the corresponding entries against plot no. 927 ( new ) . This is what the petitioner, contends also , as he relies on the Collector's record, the respondents concerned on the Lekhpal's.
The Court suggests to learned counsel that there is no occasion to lend an unsavory atmosphere, more so when the Supreme Court in its order of remind desired all parities too be heard. While parties may litigate upon their rights and title, they are not at war. In so far as the court is concerned it is conscious of its obligation to hear all the parties and to resolve controversies in a spirit of enquiry and reform, an obligation set on every citizen by the constitution.
Let the Collector have the opportunity to be apprised and briefed by the learned Standing counsel, and give such instructions or remedial solution as he may desire. The instructions must be formal and by an affidavit of the collector and District Magistrate. In order to avoid delay, it would be appropriate if the learned standing counsel confers directly with the Collector and District Magistrate, Gorakhpur.
Present : Mr. A .P . Tewari, Petitioner no. 2 in person, Mr. G. L. Tripathi, Standing counsel U.P., Mr. K.B. Mathur, Advocate otherwise standing Counsel, for respondent no. 5.
List on the date already indicated in the order of August 9, 1989.
Sd Ravi S. Dhavan , J 10/8/89
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IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANNEXURE 4
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others................................................................... Respondents
+++
Court of 1st Addl Civil Judge, Junior Division Gorakhpur
Suit No. 411/1988
Sheo Ashrey Tiwari and others Vs. State and others.
10-7-97
Called out. Parties present. Heard. Perusal of file indicates that the value of suit has escalated to Rs. 220000/-. Since the jurisdiction of this court is for value within Rs. 25000/-, therefore a letter be written to the District Judge to transfer the suit to a competent court. For further orders parties appear in the competent court on 30-7-97.
Sd. Illegible. JD I Addl
10-7-97
30-7-97
Presented today. No order received from Hon'ble District Judge. Put up for further orders on 16-10-97
Sd. Illegible. JD I Addl
16-10-97
Called out. None responded. Letter has not been written so far. Seeing the fact that case is beyond jurisdiction of this court it seems proper to return the plaint.
ORDER
Plaint is returned to the plaintiff for presentation before proper court according to law.
Inform the counsel of the plaintiff today.
Sd. Illegible. JD I Addl.
17/10/97
Seal.
Certified Copy
Copying Section.
District Judge Gorakhpur.
S.D ILLIGIBLE 10-7-2000.
ANNEXURE 6
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others ................................................................... Respondents
TRUE COPY
O.S. NO. 411/88
ORDER
Heard. Perused the record. Notice is served on defendants.
Defendants are restrained not to make any construction in land in suit till the date fixed. If constructions not started.
Sd. Illegible
Munsif Gorakhpur
12.2.88
D:\Documents and Settings\Administrator.ARYAVRT-OSVO4VU\Desktop\Writ051\Stay 88212.doc
IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
*******
ANNEXURE 7
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others ................................................................... Respondents
IN THE COURT OF X ADJ CXP
M.A. 47/88
JAL NIGAM-SHEO ASHREY
17-2-88 COUNSEL FOR APPLT.
Heard counsel and perused appln. and file of original suit. The operation of order dt. 12.2.88 is stayed till disposal of appln. for stay. Issue notice to counsel for deft. steps by 19.2.88. Disposal on 27.2.88.
Sd-Illegible
Copies of formal order and order to be filed by 10.3.88
Sd. Illegible
True copy
Sd. Illegible/dtd 16.5.88
(HEAD CLERK)
CENTRAL COPYING SECTION
JUDICIARY GORAKHPUR (SEAL)
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IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANNEXURE 8
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others................................................................... Respondents
To,
The Collector, Gorakhpur
Dated: 2-2-1988
Sir,
I have inspected settlement record year 1323 Fasli Mohalla Turkamanpur Distt Gorakhpur Tappa Kasba, Pargana Haveli, Tahsil Sadar and have noticed over writing of plot No. 927 in Khasra.
Someone is trying to commit fraud on my land plot No. 886 area 1.68.
It is, therefore, requested that the above Settlement Record Fasli Y-1323 may kindly be sealed atonce.
Thanking you.
Yours faithfully,
Sd. A.P. Tripathi
886, Turkaman Pur,
Gorakhpur-273001
Dated: 2-2-1988
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IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
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ANNEXURE 9
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others................................................................... Respondents
IN THE COURT OF ADDITIONAL CIVIL JUDGE (S.D.) 18 GORAKHPUR
(Application u/o 39 rule 2A of CPC)
APPLICATION
IN
Complaint No. 62/04
In the matter of,
Sheo Ashrey Tiwari & others ———————————————— Complainants
Versus
Jal Nigam through its Chief Engineer, Gorakhpur ----------------------- Defendants
Hon'ble sir,
1.That in spite of Injunction Orders dated 9.1.2004 which was revived on 4.2.2004, vide Misc. Appeal No. 04/04, the employees of the Respondent Chief Engineer, Jal Nigam Gorakhpur are raising construction on my land, old Khasra No. 886. The employees of Jal Nigam have started residing on the land and Tube-well is in operation.
2. That the Respondents are public servants. They have been granted immunity from any action against them. When they commit crime with the people, it is assumed that they have committed such crimes while performing official duty. To deprive the public from their property is the constitutional obligation shouldered upon them; vide Article 39(c) of the Indian Constitution. Our Fundamental Right to Property, provided in the Article 31 has already been omitted on 20.6.1979. Still writing Parliamentarians robber and judiciary supporters of robbers, irk the judges. That is the reason that they are usurping my land since 1988.
3. That since 11.2.1988 till to date, the respondents have not submitted a single document to prove their title upon the land in dispute. The case of the respondents is that they are raising constructions upon the new Khasra No. 927 that includes Old Khasra No. 886. The Respondents had gone to appeal no. 47/88 and lost the appeal on 1.3.1988.
4.That the appeal filed by the defendant Jal Nigam and Nagar Nigam was finally heard and disposed of vide the judgment and order dated 1.3.1988 where under the said appeal was dismissed with an observation that the objections to the injunction granted could be filed by the appellants, which will be disposed of by the trial court in accordance with law. In the judgment passed by the appellate Court disposing of the Misc. Appeal No.47 of 1988 after hearing the counsel for the parties and considering the evidence and materials brought on record, a clear cut finding was recorded that the defendants No.2 and 3 could not establish that plot No. 886 claimed by the plaintiffs had been included in new number 927. It was further held that the aforesaid defendants had failed to establish that plot no. 886 was the number of new plot No. 927 and that they had further failed to establish that the Government Normal School was ever owner of plot No. 886 or Plot No. 927. It was further found that plot No. 886 initially belonged to John Hall Brijman, who had parted with the same in favour of the predecessor –in-interest of the plaintiffs. A true copy of the judgment and order dated 1.3.1988 is being filed herewith as Annexure 1 to this petition.
5. That it has been fully established that the Respondents are raising constructions on the land Khasra No. 886 (old) illegally. A brief history is as here-under,
6.That the present suit 105/98 was filed when the trial court returned the past suit No. 411/1988. With the return of the suit original suit 411/88 as well as Writ Petition 9672/88 became in fructuous. Therefore the order passed by the Hon'ble High Court dated 22.10.2002 is a waste paper in the eyes of law.
7.That the Ld. Munsif City Gorakhpur, had granted injunction to the following effect on 12-2-1988 :- "Heard- Perused the record- Notice is served on the defendants- The defendants are restrained not to make any constructions in land in suit till the date fixed, if constructions not started-"
8.That the interpolation in revenue record was done thereafter to prove that Khasra No. 886 was also included in New Khasra No. 927. Where upon the learned trial court observed,
"In this case the dispute is that whether or not Khasra No. 886 area 1.68 has been included in new Khasra No. 927 as Khasra No. 927 is Nazul land. Both parties agree that 927 is Nazul land. It has to be seen as to whether Khasra No. 886 area 1.68 acres was given by John Hall Bridgeman vide paper 11/C in favour of predecessor in interest or it went into the name of Sarkar Bahadur Kaisre Hind and became Nazul land.
"In this dispute the most important paper is paper 79/C of settlement record 1322 F of Vill. Turkamanpur, in which it has been shown that new No. 927 is, comprised of old nos. 881, 882, 883, 888, 875, 876, 877, 878 the area of which 7.32 acres. In Muhal 41 is entered and this is Mundarje Khatauni 249. The type of land is entered like Parti Kadeem. Through this paper plaintiffs want to prove that 886 was not included in new Khasra No. 927 and it remained with the plaintiffs, while in the copy of Khatauni settlement record 1322 F, which is ownership paper, the name of the owner is entered as Sarkar Bahadur Kaisare Hind, Mundarje Khewat is No. 41, whose Khata No. is 249 and Parti Kadeem is entered and the area of Khasra No. 927 is entered as 7.32 acres. This is paper 82/C and paper 81/C has also been submitted by the defendants in which shows that the new Khasra No. 927 is comprised of 881, 882, 883, 884, 885, 886, 887, 888 in column of included Nos. Thus both parties admit that Khewat No. 41, Khata No. 249 Khasra No. 927 area 7.32 acres is Nazul land and the respondents have shown through paper 81/C that Khasra No. new 927 is comprised of 886 also. As such on the basis of above observations, I find that the plaintiffs have failed to prove their prima-facie case."
9.That after the dismissal of paper 7/C the complainants moved the Appellate Court. The A.D.J. Gorakhpur observed in her judgment and order dated 14-05-1988,
"Authenticity, of the document filed on behalf of the defdt respondent has been challenged by the appellants and it has been alleged that the defendants have collusively and fictitiously got the entry in their favour in the revenue records. They also alleged that the interpolation in the original revenue records is apparent and for showing that interpolation they moved an application for summoning the original revenue records. I have considered the arguments advanced for and against and judged the propriety of summoning the original revenue record at this stage. Allegations made in the plaint reveal that the plaintiff appellants were aware with regard to this entry from very beginning. But despite that fact they did not categorically allege that it had collusively been obtained and forgery was apparent in the revenue record nor any prayer for summoning the original record was made before the trial court. At random at the appellate stage this prayed could not be accepted as it amounted to production of additional evidence by the appellants and was likely to delay disposal of the case. At any rate for non summoning of the original record the appellants could not suffer in their cause as the matter regarding the adjudication of title in between the parties will still remain opened on merits by the learned trial court.
" Whether the disputed plot no. 886 is comprised in new plot no. 927 or not is not very material question to be determined at this stage...."
Thus the main dispute, whether old Khasra No. 886 was included in new Khasra No. 927 was never permitted to be established by the respondents. It is wrong to assume that the petitioners were aware of the interpolation long back. The interpolation came into light on 13.4.1988 and the appellate court was moved immediately. They even now are publishing in media that they are raising constructions in Khasra No. 927 that includes old Khara No. 886 without any basis.
10. That the matter of interpolation was raised before the Hon'ble High Court again. The Hon'ble High Court had submitted a report dated 28.7.89 of JR. This report is to the effect that Revenue Records of the land in dispute was interpolated in Lekhpals record which does not tally with the Collector's record. Through this interpolation the Respondents are usurping my land since 1988. The report clearly states that old Khasra nos. 885,886 and 887 were collusively and fictitiously added. On the basis of that report and other revenue papers all the Respondents unanimously prayed the Hon'ble Court to adjourn the proceedings for the day so that they may consult the Collector Gorakhpur to deliver a piece of land contiguous to the land in dispute to save the interest of the both contesting parties. These are orders 9.8.1989 and 10.8.1989. Since the Respondents have not challenged these orders since then, the orders have been become final and operate as res-judicata. True copies of the report of JR dated 28.7.89 is being filed herewith as Annexure 2 to this application.
11. That the respondents had jointly and unanimously prayed the Hon'ble High Court to seek solution of the dispute by giving a land contiguous of the land in dispute. Neither the respondents give any land nor challenged the report and orders aforesaid. In stead they are usurping my land in connivance with the judiciary. True copies of the report of JR dated 28.7.89 and judgment and orders dated 9/10-8-1989- are being filed herewith as Annexure 3 & 4 to this application.
12. That instead of giving me land, the Respondents got the suit No. 411/1988 returned from the court on 17.10.1997. No sooner the suit was returned by the court the Writ Petition became in fructuous. So the order passed by the Hon'ble High Court dated 22.10.2002, upon which the courts and respondents rely, is a waste paper in the eyes of the law. True copies of the orders returning the suit dated 17.10.1997 are being filed herewith as Annexure 5 to this application.
13. That it shall be in the interest of justice that the Chief Engineer Jal Nigam, Gorakhpur and his subordinate A.P.Mishra, Executive Engineer, Jal Nigam, 10th Division may kindly be sent in prison. My land may kindly be returned back to me.
14. That I am a victim of judicial pettifoggery since the inception of the suit.
15. That although I have lost fundamental right to property which has been omitted from the Indian Constitution since 20.6.1979, still I have right of Private Defence as provided by section 105 of the Indian Penal Code. This court may suggest me means as to how should I protect my property from those culprits who have been granted immunity against any action in any court of law?
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to send the Chief Engineer, Jal Nigam, Gorakhpur and the Executive Engineer Mr. A.P. Mishra in prison for the crime of violation of stay orders of this Hon'ble Court.
(Ayodhya Prasad Tripathi)
Complainant No. 2
In Person.
Dated: Monday, Saturday, November 27, 2004y
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IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
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ANNEXURE 10
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others................................................................... Respondents
IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
Civil Side Original Jurisdiction
Dated Allahabad the 8th August of 1988
Present : The Honourable B.L. Yadav .............. Judge
CIVIL MISC. WRIT PETITON NO. 9672 OF1988
Order on the petition of Shiv Ashrey Tiwari and others
In rs:-
1. Sheo Ashrey Tiwari S/O late Shri Mahesh Dutt Tiwari
2. Ayodhya Tripathi. 3. Govind Pd. Tripathi, Sons of Late Shri Beni Madho Tiwari All R/O Turkamanpur, Tappa Qasba, and Pargana Haveli, Tahsil Sadar, District Gorakhpur ...................................................... Petitioners
Versus
1. Ist. Addl District Judge, Gorakhpur.
2. The Munsif, Gorakhpur.
3. The State of U. P., Through Collector, Gorakhpur.
4. The Nagar Mahapalika, Gorakhpur Through its ADMINISTRATOR, Gorakhpur.
5. THE JAL NIGAM U.P. THROUGH THE REGIONAL CHIEF ENGINEER, GORAKHPUR.
6. GORAKHPUR VIKAS PRADHIKARAN, THROUGH ITS SECRETARY, GORAKHPUR.
………………………………………RESPONDENTS
BY THE COURT
This petition under Article 226 of the Constitution of India is directed against the order dated 13.5.88 rejecting the appeal and the order dated 13.4.88 rejecting the application for grant of temporary injunction.
Having heard the learned Counsel for the parties and perusing the record, I am of the view that the application for interim injunction has correctly been rejected. The balance of convenience and prima facie case was not made out in favour of the petitioners. The reasons have correctly been assigned for arriving at the conclusion that there was no justification to grant ad-interim injunction.
Consequently there are no merits in the present petition and the same is accordingly dismissed. The interim stay dated 20.5.88 is vacated.
Dt/8.8.88 Sd./B.L.Y. Seal True copy(Sd. Illegible)
AKS/- Sd./K.D. PANDEY/12.9.88 S.O. COPYING 'D' SECTION
HIGH COURT OF ALLAHABAD
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IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
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ANNEXURE 11
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others................................................................... Respondents
In the Supreme Court of India
Civil Appellate Jurisdiction
SEAL CERTIFIED TO BE A TRUE COPY
CIVIL APPEAL No. 4101 OF 1988
(Arising out of S.L.P. (C) No. 11766 of 1988)
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist. Addl. Distt. Judge & ors ................................................................... Respondents
ORDER
Special leave is granted. The appeal is heard.
In the facts and circumstances of this case we feel that the order passed by the High Court should be set aside and the case should be sent back to the High Court for disposal on merits after giving reasonable opportunity to all the parties to make their submissions. We accordingly set aside the order of the High Court and remand the case to the High Court for fresh disposal in accordance with law. We express no opinion on the merits of the case.
The appeal is disposed of accordingly. No costs.
Sd.
(E.B. Venkataramiah) J.
Sd.
(N.D. Ojha) J.
New Delhi,
November 21, 1988.
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IN THE HON'BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
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ANNEXURE 11
IN
CIVIL MISC. WRIT PETITON NO. OF 2005
Sheo Ashrey Tiwari & Others ....................................................... Petitioners
Vs
Ist A.D.J. Gorakhpur & others................................................................... Respondents
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mRrj izns'k ty fuxeA ----------------------------- foi{khA
mijksDr eqdnesa esa U;k;ky; dk vkns'k ekSds ij ;FkkfLFkfr cuk, j[kus ds fy, eqrQdkZ vihy la0 4@2004 f'ko vkljs cuke ty fuxe fnukad 4-2-2004 dks gks pqdk gSA nj vly ekg tuojh var vkSj Qjojh esa dksbZ fuekZ.k dk;Z ugha gqvk u mlds ckn Hkh dksbZ fuekZ.k dk;Z gks jgk gSA fQj Hkh vihykaV ds izkFkZuk ij U;k;ky; ds vkns'k fnukad 4-3-2004 ds ifjikyu esa v/kksgLrk{kjh tks m0 iz0 nle 'kk[kk ty fuxe xksj[kiqj esa ekSds ds izHkkjh vf/kdkjh rSukr gSaA eq[; vfHk;ark m0 iz0 ty fuxe xksj[kiqj {ks= dh rjQ ls ;g vaMjVsfdax nsrs gSa fd rk QSlyk vihy vU; dksbZ fuekZ.k fookfnr LFky ij ftruk gks pqdk gS mlls T;kns ugha gksxkA
vr,o fuosnu gS fd vLFkk;h fu"ks/kkRed vkns'k ds izkFkZuk i= dk fuLrkj.k mDr v.MjVsfdax ds ifjis{; esa fd;k tk;A
fnukad 15-3-04
fuosnd %&
gLrk{kfjr viBuh; ih0 ,l0 flag
lgk;d vfHk;ark]
m0 iz0 ty fuxe] n'ke 'kk[kk]
xksj[kiqj
lhy lR; izfrfyfi
gLrk{kfjr viBuh;
lR;izfrfyfi
Annexure 12
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