Court No. - 21
Case :- WRIT - C No. - 15171 of 2018 Petitioner :- Jagtar Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bharat Bhushan Paul Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.
Petitioners no. 1 & 2 claim to be residing in one room quarter no. 49/5 and 107/8 of the Labour Colony, Balkeshwar, Agra since 1998 and 2009 respectively. Treating them to be an unauthorized occupants, notice dated 01.01.2018 has been issued requiring them to pay arrears of rent calculated @ 125/- per month and also to vacate the premises.
Learned counsel for the petitioners submits that the State Government has issued Government Order No. 3263/36-4-90-7 (G.O.)/89 dated 29.12.1988 in respect of the labourers who are in unauthorized occupation of the Labour Colony for regularization of the allotment in their favour on an application being made. Reference has also been made to another G.O. dated 29.11.1990.
Grievance of the petitioners is that though they are ready to deposit the rent being demanded from them but their application for regularization is not entertained.
Considering the facts, it is provided that both the petitioners may deposit the outstanding rent being demanded from them vide notice dated 01.01.01.2018 within a period of two months from today. They may also make an application seeking regularization of the allotment in their favour along with proof of deposit of rent.
In case the deposit and application are made, the respondent authority shall proceed to consider the application for regularization of the allotment in accordance with the Government Orders within a period of two months from the date of making of the application.
For a period of three months from today, ejectment of the petitioners from the accommodation in question and realization of rent by coercive method shall remain in abeyance. However, in case the petitioners do not deposit the arrears of rent within the prescribed time and fail to make application for allotment, this order shall loose its efficacy and the respondent authority shall be free to proceed against the petitioners in accordance with law.
With the aforesaid observations and directions, writ petition stands finally disposed of.
Order Date :- 26.4.2018 nd