COMPLAINT-REMINDER - III
Chie Justice of Uttar Pradesh,
Hon’ble High Court of Uttar Pradesh.
DESPITE OF THE ORDER DT.05/09/2008 AND GUIDELINES OF HON’BLE CHIEF JUSTICE OF UTTAR PRADESH FOR EARLY DISPOSAL OF THE CASES OF SENIOR CITIZENS AVBOVE 65 YEARS FOR LISTING SUCH CASES:-“The cases relating to Senior Citizens will be listed at the top of the daily cases list of the respective courts after the supreme Court Expedited matters(if any)- The subordinate courts are not following these guidelines.
Subject: Complaint against Civil Court, Junior Division, Chhatta (Mathura) U.P.
The complainant filed first complaint to your good self under speed post no. EU6381041131N dated 30-03-2009 .The Said complaint was forwarded by your good self to Hon’ble Distt Judge, Mathura U.P. Sh Umashanker Garg, Senior Administrative Officer, Dist.Cout, Mathura issued me Notice vide letter no.04/Secrete/023/09 dt.18.8.09 and directed me to present before the Ho.Dist Judge on 04/09/2009..at 04.00 P.M. On reaching there I found the the Hon.Dist.Judge was himself absent in his office. I submitted protest and gave in writing to his office that it was a deemed harassment to a senior citizen. Instead taking action against the than Civil Judge, Ms.Sangeeta Sharma, he transferred Ms.Sangeeta Sharma to Dist.Court, Mathura and filed my complaint and thus saved her. My complaint was/is prima facie correct and truth speaks itself.
Sir, Civil Suit Bearing No.89/2004 was filed by one Mr.Bhagawat Prasad s/o late Madan Lal Agrawal R/O Bihari Pura Kosi Kalan (Mathura) against the undersigned in order to have an illegal possession of my shop Bearing No.2723 situated at Bihari Pura, Kosi Kalan (Mathura) U.P for grabbing the same. The said trial court passed injunction order without giving me reasonable opportunity of being heard under the principle of natural justice
At last matter was listed for 10/04/2007 for evidence of said Mr.Bhagawat Prasad, the plaintiff, and he never presented himself in spite of more than 75 dates. The said Hon. Court imposed penalty Rs.150 on 10-04-07 and Rs.300/ on 28-04-07 as he failed to lead his evidence.The above cost has not been paid till now. Since than he never presented himself to lead his evidence because of the fear that as and when evidences will be completed, the undersigned, respondent will definitely file an application under Sec.340 of Cr.P.C and under Sec.191 …202 of I.P.C. as he filed false case for the following reasons:-In such circumstances the Hon. court should have dismissed the case with heavy cost but unluckily the court did not so. This Practice encourages the filing of false, frivolous and malicious cases.
1.The residential address of Mr.Bhagawat is absolutely incorrect since filing the civil suit No.89/2007 in Civil Court, Junior Div.Chhatta (Mathura).He along with his family has been residing at2626 Brahmin Puri, Kosi Kalan for the last 37 years .Taking the excuse of address he refused to receive the Notice of P.A.Suit No.16/2007.He did not produce his photo I Card (Election I. Card)
2.He himself tempered Food License by inserting my shop No.2723 .In reply to my application under R.T.I.Act, 2005, the Chief Medical Officer explained that his office did not mention shop No. at the time of issue and shifted the responsibly upon Mr. Bhagawat Prasad.
3. The telephone Bill appendixed at the time of filing the suit bears the address of his residence.
4. The Electric Bill appendixed at the time of filing the case does not bear the address of my shop
5. The assessment order “PRITILIPI JAL KAR AVAM NAMAVALI 2005-06 .WAS COMPLETELY FORGED.” Hon. Chief Secretary, Uttar Pradesh, Luck now has set up the inquiry against Sri D.K.Srivastava, Executive Officer, water connection and Property I/C Of Nagar Palika Parishad, kosi Kalan, (Mathura). He also registered my complaint on
INTERNET. At present the inquiry officer is Officer Incharge, Local Bodies/City Magistrate, Mathura.
6. He has authorized Possession of two shops Bearing Nos 2710 (ancestral shop) and 2716 rented shop. The documentary proofs I have already submitted in P.A.suit No.16 /2007 in the court of Competent Authority, Mathura. While he has already refused the possession of the said shops and could not provide the documentary evidences till date.
7. In suit No.89/2004said Bhagawat Prasad stated in one place as cause of action arose on 10/5/2004, in another occasion he stated, the cause of action arose on 13/5/2004 and third time he stated again the cause of action arose on 10/5/2004.all the times he had filed Affidavits in support of his contradictory statements. After the expiry of seven years the Hon. court could not decide which affidavit is correct and which is incorrect. The plaintiff does not have fear in his mind of the court and and he has become habitual of furnishing the false affidavits and by doing this he is enjoying the illegal possession of my shop No.2723 after furnishing the false suit when none of the annexures is true.
Sir, I surprised to see the Registrar of Civil court, Junior Div.Chhata admitted the false case without the verification of even address of the plaintiff .It proves the nexus between the counsels and the authority who accepts the case. It may be said as deemed corruption
Sir, In-ordinary delay is deemed corruption and it creates doubt in fair selection in judiciary. “POOR PERFORMANCE OF JUDICIAL SYSTEM IS THE ROOT CAUSE OF CORRUPTION IN INDIA, BALRAJ S.MALIK.Adv.S.COURT.PEOPLE LAYERS FORUM SMS RECEIVED :08:08:37 am 08-04-11” but the undersigned opines that corruption begins from counsels and ends with judges, first need is to check on counsels then on judges to curb corruption in judiciary.
Sir, It is observed, when the arguments of both sides counsels are over, the court again gives the date for same argument to afresh the memory of the sitting judge and this practice goes on every months .Even when the date for order is fixed, the court instead pronouncing its judgment, again fixed the date of arguments. The logic behind this may be either the memory of the concerned judge has become fade/weak, the sitting judge is hiding his/her judicially competency OR he/she is extending co-operation to both sides’ counsels to exploit their innocent clients as much as they can . Because of these reasons there is strong voice for ombudsman on judges/counsels.
Sir, The predecessor and successor judges gave only next dates and did nothing At the time of filing the case the plaintiff paid Rs.245/-approximately and till the finalization of the case the plaintiff ensures the possession of property in question and after 07 years the Civil Court Junior div.Chhata (Mathura) could not complete the evidences .It is a great loss to
exchequer as at the income of Rs.245/- the salary of the staff including Judges approximately Rs.one crore was paid p.a. from the Govt..Exchequer, heavy gain to both side’s counsels and
Judiciary staff as they charge Rs.10/- to 20/- from the clients of both sides on every date .Thus the respondent was/is put in loss. The civil Court does nothing and counsels extract money on every date.
Sir, the undersigned is a senior citizen of 66+1/2 years and retired Govt.Servant residing temporarily at present in Delhi as I have no property at Delhi in my name Every time I have to go to attend the hearing from Delhi to Chhata/Mathura and have to spend a lot of amount out of my pension money (Hard money)
(1) That if my complaint is found correct and. The said case may kindly be dismissed With heavy cost.
(2) That the inquiry officer may kindly be directed not to harass the undersigned as before, as the file of the court speaks itself truth. It will be in the interest of the judiciary and conduct fair inquiry, the
The retired judge may be appointed as inquiry officer.
(3) That the serious view may be taken against those who did not follow/are not following above mentioned guide lines of Hon’ble Chief Justice of Uttar Pradesh strictly and accordingly
(4) The Said Hon. Civil court has not been following the guide lines for early disposal /determination of the cases relating to the senior citizens laid down by Hon’ble the Chief Justice vide order No.05/09/2008 regarding the such cases :-
“The cases relating to senior Citizens will be listed at the top of the daily cause list of the respective Courts after the Supreme court expedited Matter (if any).” Letter dated 20/09/2011 issued by Jt registrar, CPIO, High Court Allahabad.U.P.
(Dr.Radha Raman Agrawal)
X/3679 St.No7, Shanti Mohalla
Gandhi Nagar Delhi-31 Mob.09868085171
Copy kept for filing the complaint with Lokayukta, Uttar Pradesh
C.C.To Hon’ble Dist.Judge, Mathura.U.P.