# Ram Bharose Yadav v. District Magistrate, Deoria and others

- **Citation:** (2004) 1 ILRA 164
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2004-04-20
- **Case number:** Habeas Corpus Writ Petition No. 44823 of 2003
- **Bench:** S.K. Agarwal, Krishna Murari
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ram-bharose-yadav-v-district-magistrate-deoria-and-others-40313
- **Pages:** 3

## Headnote

Constitution
of
India,
Article
226Detention-murder in a public place
incident become commotion people ran
here and there shop keepers douned
their shatter does not cause breach of
public
order
ipso
facto-
detaining
authority by lacked application of mind
order quashed.

Held- Para 6

We, therefore, see no force in the
contention raised by learned A.G.A. In
our opinion, the submission made by
learned counsel for the petitioner has
sufficient
force
and
is
accordingly
accepted. From the facts it is evident
that while passing the detention order
the
detaining
authority
lacked
an
application of mind to the facts and
circumstances brought before him.

## Text

164 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 20.4.2004

BEFORE
THE HON'BLE S.K. AGARWAL, J.
THE HON'BLE KRISHNA MURARI, J.

Habeas Corpus Writ Petition No. 44823 of 2003

Ram Bharose Yadav

...Petitioner
Versus
District Magistrate, Deoria & others

 ...Respondents

Counsel for the Petitioner:
Sri J.S. Sengar
Sri A.K.S. Solanki

Counsel for the Respondents:
Sri B.N. Singh, S.S.C.
Sri Arvind Tripathi, A.G.A.

Constitution
of
India,
Article
226Detention-murder in a public place
incident become commotion people ran
here and there shop keepers douned
their shatter does not cause breach of
public
order
ipso
facto-
detaining
authority by lacked application of mind
order quashed.

Held- Para 6

We, therefore, see no force in the
contention raised by learned A.G.A. In
our opinion, the submission made by
learned counsel for the petitioner has
sufficient
force
and
is
accordingly
accepted. From the facts it is evident
that while passing the detention order
the
detaining
authority
lacked
an
application of mind to the facts and
circumstances brought before him.

(Delivered by Hon'ble S.K. Agarwal, J.)

1. This petition was preferred in
challenge to the order of his detention by
the petitioner dated 7.7.2003 passed by
the District Magistrate, Deoria, Sri
Deepak Krishna Verma, the detaining
authority.

2. The facts of the case are that an
incident of murder of one Gorakh Nath
Yadav had occurred in front of his semiconstructed shop where he was sitting on
6.5.2003 at 7.15 p.m. A report of this
incident was registered at the concerned
police station at the instance of one Ravi
Yadav on the same day at 8.30 p.m.

3. In the incident this petitioner
along with six more persons allegedly had
participated with firearms and bombs.
They all came on motorcycles to the
above said place where the deceased was
sitting along with other persons. The
deceased was fired upon and bomb was
also hurled on him upon his fall. He died
on the spot. The place, where the incident
occurred, is claimed to be a public place.
A Nursing Home and some shops existed
in the vicinity of this place. It is also
claimed
that
the
incident
caused
commotion in the area and the people ran
helter-skelter. The shopkeepers too in
panic downed their shutters.

4. The only contention raised by
learned counsel for the petitioner before
us is that the incident simply caused a law
and order problem and did not come
within the purview of any breach of the
public order. It is further stated that when
any such incident occurs people normally
run away from the place of occurrence
and the shopkeepers down their shutters
and remains indoors due to fear. The
persons, who resides in the locality, also
prefers to remain indoor. Therefore, every
such incident does not cause breach of the
public order ipso facto. Such a situation is
dependent upon the expanse of arms of
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1 All] Ram Bharose Yadav V. District Magistrate, Deoria and others 165
the disorder, its effect upon even tempo of
life of the area. Such facts are not
available in this case. The disturbance, if
any, was short-lived.

5. Learned A.G.A., in response to
the submissions, pointed out following
circumstances:
(a) The incident had occurred in a
densely populated area and there exists
some commercial activities also. It
brought to a grinding halt these activities
as a consequence to this incident.
(b) Learned A.G.A. also pointed out that
the incident has taken place near a petrol
pump. There were some construction of a
shop going on. The deceased was sitting
in front of the said shop.
(c) The assailant's enmity, which finds
reference in the First Information Report,
was between Satya Prakash son of Kuldip
and the deceased.

6. We have given thoughtful
consideration to the rival submissions. In
our opinion disturbance of this nature in
such incidents are common in any area
where they take place. There does not
appear any disturbance to the public order
of some lasting endure. It has no where
been stated that the incident caused any
Chakka jam, etc. organized by the public
to show their repugnance to such an
occurrence. Public order in itself is a
phenomenon,
which
requires
some
substantive disturbance in the even tempo
of the life of the society. In the region or
in whole of the township where such an
incident
takes
place,
a
temporary
disturbance, as a consequence to these
incidents, is a normal phenomenon and is
most likely to occur. The shorter the life
of such disturbance is the lower would be
the degree of its potential to disturb the
even tempo of the life of the society. This
is one serious criterion to differentiate or
to draw a wedge between the public order
and the law and order. The mere
allegation in the General Diary etc. that
police force including Circle Officer and
S.P. arrived at the spot soon after the
occurrence is not sufficient indication of
any serious disturbance to the public
order. This is a routine and normal
practice that senior officers do arrive at
the scene of occurrence to supervise the
investigation. Therefore, this mere fact
does not lead to the conclusion that the
incident had any potentiality to disturb the
public order or the even tempo of the
social life of the concerned area. Nothing
serious has been pointed out except the
above said fact to disturb the public order.
At least no such incident was brought on
record otherwise to amplify any such
circumstance. We, therefore, see no force
in the contention raised by learned A.G.A.
In our opinion, the submission made by
learned counsel for the petitioner has
sufficient
force
and
is
accordingly
accepted. From the facts it is evident that
while passing the detention order the
detaining authority lacked an application
of mind to the facts and circumstances
brought before him.

7. In view of the above said
discussion the writ petition is hereby
allowed. The detention order passed by
the District Magistrate, Deoria, the
detaining
authority,
dated
7.7.2003
(Annexure 'I' to the writ petition) against
the petitioner is hereby quashed. The
petitioner is in custody. He shall be
released forthwith, if not otherwise
required to be detained in any other
criminal case. There is no order as to
costs.
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166 INDIAN LAW REPORTS ALLAHABAD SERIES [2004
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 09.04.2004

BEFORE
THE HON'BLE R.B. MISRA, J.

Civil Misc. Writ Petition No. 7867 of 2000

Triloki Nath Dwivedi and others

...Petitioner
Versus
District Judge, Basti
 ...Respondents

Counsel for the Petitioners:
Sri Ravi Kant
Sri S.N. Singh
Sri Shashi Nandan
Sri J.P. Mishra

Counsel for the Respondent:
Sri K.R. Sirohi
Sri Sudhir Agrawal

Constitution of India Article 226-U.P.
regularisation of Adhoc appointment (on
the post) outside the preview of public
service
Commission
Rules
1979Petitioners appointed on class III post as
adhoc employee prior to 1991, the
minimum qualifications for consideration
in view of amendment 2001 as indicated
in circular letter No. 18 dated 8.5.2002petitioner held entitled for regularisation
against existing vacancies.

Held: Para 19

In view of the above observations it is
clear that the appointment should be
made at initial stage in accordance with
rules.
Incumbent
must
possess
the
requisite qualification for the post on the
date of appointment and if appointment
had been made on temporary ad hoc
basis, the workman should be permitted
to continue for long rather the vacancies
should be filled up on permanent basis in
accordance with law. If the statutory
provision
or
executive
instruction
provides
for
regularisation
after
completing a particular period only then
regularisation is permissible. In special
circumstances, Court may give direction
to consider the case for regularisation
provided continuation on ad hoc basis is
so long that it amounts to arbitrariness
and
provisions
of
Article
14
are
attracted. There must be sanctioned post
against which regularisation is sought.
At the same time policy of the State
enforcing the reservation for particular
classes like S.C., S.T., O.B.C etc. and
further for women, handicapped and exservice men cannot be ignored.
Case law:
1991 (1) SCC 28
1993 (6) JT 593
1988 (1) SCR 335
1996 (10) SCC 656
1997 (1) JT 243
AIR 1996 SC 417
1996 (9) SCC 217
AIR 1991 SC 101

(Delivered by Hon'ble R.B. Misra, J.)

Heard Sri S. N. Singh, learned
counsel for the petitioners and Sri K.R.
Sirohi learned counsel for the Judgeship
of Basti, respondent.

1. In this petition prayer has been
made for quashing the advertisement
dated 5.2.2000 issued by the respondent
for recruitment to the class III posts of
ministerial cadre with further prayer for
issuance of mandamus commanding the
respondent to treat the petitioners as
regular in service on the posts held by
them
and
for
payment
of
salary
admissible to the regular employees.

2. The brief facts necessary for
adjudication of the writ petition are (i) the
petitioners no. 1 and 2 namely Triloki
Nath
Dwivedi
and
Santosh
Kumar
Srivastava were appointed on 19.2.1991
and 1.4.1991 respectively in District
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