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Legal Notice to AWHO

Legal Notice to AWHO

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Published by chandrapcnath
Legal notice to AWHO before approaching the higher courts against violation of fundamental rights of equal protection of laws, violation of constitutionally guaranteed property rights and violation of statutes and case
Legal notice to AWHO before approaching the higher courts against violation of fundamental rights of equal protection of laws, violation of constitutionally guaranteed property rights and violation of statutes and case

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Published by: chandrapcnath on May 03, 2014
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Lt Col CPC Nath(Retd) April 25, 2014+91 11 414 01 679To1. The Chairman, AWHO2. MD, AWHOSUBJECT: LEGAL NOTICEDear Mr. Chairman & MD, AWHO,Please take this as final Notice as given below:1. Legal notice to you before approaching the higher courts against viola-tion of fundamental rights of equal protection of laws, violation of consti-tutionally guaranteed property rights and violation of statutes and caselaws.The complainant reallegges and incorporates herein all paragraphsin the enclosed paper entitled “An Inquiry into violations of Rule of Lawby AWHO” and the provisions of constitution, statutes and case laws asgiven in Appendices A to E attached to this.2. Legal notice before filing of case against violation Article 21 (3) of Uni-versal Declaration of Human Rights.3. Legal notice before seeking criminal procedure against crimes against theMembers/allotteess and to reverse these illegal actions.4. Legal notice for Sanction under Chapter V of the Prevention of CorruptionAct 1988. Please forward this to your superiors in the Government forsanction.5. Legal notice before requesting for initiating disciplinary proceedings fordereliction of duty constituting Misconduct6. Legal notice under Section 80 of the Code of Civil Procedure provides thatno suit shall be instituted against the Government or a Public Officer inrespect of an official act7. and lastly, legal notice under Section 96 of the Rules of AWHO albeitthese rules are illegal and illegitimate for reasons explained within in ex-cruciating detail.Yours Sincerely,CPC Nath,Member AWHO Allottee Yelahanka Part A P2/78C 679 Sarita Vihar, New Delhi 1100761
So as to have very clear understanding of every issue involved in the case athand, and so that the main points emphasized in this long communication isnot lost sight of, I have drawn an Index wherein each issue is separated withappropriate heading. Every sentence is employed with great care and cautionand the Chairman AWHO (Public Auth) is therefore requested and “stronglyadvised” to read every part and every sentence of this long communication verycarefully so as to have the correct picture of the whole case and thus to adoptthe correct course of action.1. The consequences that may follow in the event of non or evasive reply:This is to inform you that your failure to comply to legal expectation asstated herein before, may compel me/us to(a) Institute Writ of Mandamus before High Court/ Supreme court, atyour personal (exemplary) cost, taking aid of law settled by Hon’bleSupreme Court of India in Salem Advocate Bar Association, Tamil-nadu Vs. Union of India
and many other countless judgments givenby our Constitutional courts, for directing you to record reasoned re-ply to me/ us; or/ and(b) I/ we will seek the Writ of Quo Warranto against you. I/ we mayspecifically plead before the Court of law to remove you from thepresent public office because you have voluntarily abstained yourself in performing your legal duties, the duties which you have voluntarilyundertaken & promised to perform while assuming charge of thisPublic Office. The Writ of Quo-Warranto is resourceful enough totake care of this pleading; or / and(c) I/ we may register an FIR with Police or may file a complaint beforethe competent Magistrates Court under section 166, 217, 218, 409,as applicable, of Indian Penal Code, 1860.(d) I/ we may pray for initiating disciplinary proceedings for derelictionof duty constituting “Misconduct”;(e) Whereas your inaction will result in frustration of my / our funda-mental rights, I/ we will seek damages for the same from the con-cerned Public Auth, which may finally be recovered from you. Youmay please kindly refer Supreme court judgments wherein the Honblecourt have fastened the liability on public servants for their negligentacts of commission and omission.2. Your kind attention is invited to Judgment of SC in Salem Advocate BarAssociation, Tamil Nadu Vs. Union of India, Please find APPENDIX Ain this regard.
3. Your attention is further invited to fact that I have a Right of Reply.Please refer APPENDIX C in this regard.4. Discretion in reality means a power given to a person with the authorityto choose between two or more alternatives or possibilities each of whichis lawful and permissible. The concept of discretion imports a duty to befair, candid and unprejudiced; not arbitrary, capricious or biased; muchless, warped by resentment or personal dislike.5. Recording of reasons will show application of mind and probably thisrecording of reasons is the only remaining visible safeguard against possiblemisuse of powers conferred upon administrators of a nation.6. I seek to recall an historic incident of Indian freedom struggle, occasionedwith Mohandas Karamchand Gandhi (His Journey towards Mahatma). Inthe year 1893, when in South Africa, while holding a First Class Compart-ment ticket and traveling in, Gandhi was thrown out of the train, for inthose times Blacks were not allowed to travel in the First Class Compart-ment, notwithstanding they hold a valid ticket. It was 9.00 in the chillnight. That designated Black sent a Telegram to the General Manager of the Railways and registered his complaint. The Complaint of that desig-nated Black was attended, forthwith, the General Manager instructed theStation master to secure that complainant reaches his destination safely.Complainant was accommodated in the very next morning train to hisdestination.7. It is my case that grievance of the people must be promptly and properlyattended instead of waiting and allowing for it to be translated into courtlitigation. It does no credit to the State or public servant to be involvedin large number of disputes as an oppressive ruler.8. It is my case that the giving of satisfactory reply is a healthy disciplinefor all who exercise powers over others.9. It is my case that a complaint to any public/ statutory authority is themost legitimate incident of a democracy.10. In the event no reply is received from you, then I/ we will request theHon’ble Court to take a very serious view of this aspect.I conclude with this quote from the India’s Apex Court:
The jurisdiction and power of the courts to indemnify a citizen for injury suffered due to abuse of power by public authorities is founded as observed by Lord Hailsham in Cassell & Co. Ltd. v. Broome on the principle that, an award of exemplary damages can serve a useful purpose in vindicating the strength of law’. An ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities. That is provided by the rule of law. It acts 

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