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HC stays termination of agreements

THE ALLAHABAD High Court has stayed the termination of Tehbazari agreements, which were cancelled on the ground that Tehbazari had been abolished by the State Govt. The court said that Tehbazari agreements could not be cancelled on this ground. However, a Division Bench comprising Justice Yatindra Singh and Justice RK Rastogi, made it clear that in case no agreement had been executed between the parties then it would not be obligatory for the local bodies to execute the agreement.

Published on: Jul 11, 2006, 24:03:00 IST
None | By , Allahabad
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THE ALLAHABAD High Court has stayed the termination of Tehbazari agreements, which were cancelled on the ground that Tehbazari had been abolished by the State Government. The court said that Tehbazari agreements could not be cancelled on this ground.

HT Image
HT Image

However, a Division Bench comprising Justice Yatindra Singh and Justice RK Rastogi, made it clear that in case no agreement had been executed between the parties (person in whose favour collection of Tehbazari was granted and local bodies), then it would not be obligatory for the local bodies to execute the agreement.

This order was passed by the court while hearing a bunch of petitions filed by Sandeep Kumar Yadav of Gorakhpur district and many others.

The court fixed August 21 for further hearing, by which time the State counsel was asked to file his counter-affidavit.

The petitioners had moved the court, challenging the proposed rule by the State Government abolishing Tehbazari in UP as well as the orders of respective local bodies by which Tehbazari agreements had been cancelled on the ground that Tehbazari system had been cancelled by the State Government.

The petitioners pleaded that the rules abolishing Tehbazari had neither been published nor had come into force. It was also pleaded that there was nothing in the proposed rules to cancel the proposed agreements. Further, the agreements already entered could not be cancelled.

Rai murder case
THE ALLAHABAD High Court has asked the Central Bureau of Investigation (CBI) to file its reply, if any, by July 20, with regard the bail application of Afzal Ansari, Samajwadi Party MP from Ghazipur and Mukhtar Ansari, MLA from Mau Assembly constituency in Bhartiya Janta Party MLA Krishna Nand Rai murder case.

Giving last opportunity to the respondents, Justice Poonam Srivastava said that hearing of these bail applications would not be adjourned on the date fixed on July 20.

Both Ansari brothers were allegedly involved in Rai murder case. Rai was a BJP MLA from Mohammadabad Assembly constituency of district Ghazipur.

The court asked the CBI to file its reply, if any, because the CBI had started investigation of the case on the direction of the High Court. Earlier, former Advocate-General of UP Virendra Bhatia, appeared on behalf of MLA Mukhtar Ansari and argued at length, saying that the applicants could not be permitted to remain in jail for indefinite period.

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