Court No. - 2
Case :- WRIT - A No. - 12301 of 2020 Petitioner :- Jitendra Kumar Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sitaram Patel,Vinod Kumar Ojha Counsel for Respondent :- C.S.C.,Anjani Kumar Rai
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner, learned Standing Counsel for State-respondent and Sri Mangla Prasad Rai, learned Senior Advocate, assisted by Sri Anjani Kumar Rai, learned counsel appearing for 5th respondent.
Petitioner is Junior Assistant in Excise Department whereas 5th respondent is a constable in the same department. The 5th respondent came to be transferred to District Kaushambi vide order dated 29.08.2019. Pursuant thereof she joined the post. However, she continued to retain the government accommodation bearing House No. 738/, Shankar Ghat Colony, Teliarganj, Prayagraj.
The said accommodation came to be allotted to petitioner, posted at Prayagraj, vide order dated 02.09.2019. Petitioner has instituted the instant writ petition seeking a direction to 4th respondent to get the accommodation vacated from 5th respondent. Attention of the Court is drawn to the notice dated 11.06.2020 issued by City Magistrate, Prayagraj, addressed to Deputy Excise Commissioner, Prayagraj that accommodation be vacated. The Deputy Excise Commissioner in reply to the said notice vide communication dated 10.06.200 has requested the City Magistrate to permit the 5th petitioner to continue in the accommodation having regard to the pandemic. Learned Senior Counsel has relied upon a circular dated 30.08.2020 issued by Chief Secretary, Government of Uttar Pradesh, addressed to all the officials of the State, inter alia, directing that the allotted accommodation during the pandemic may not be got vacated for the reasons that the family members have to be remain confined in view of the pandemic protocol.
Learned Senior Counsel appearing for 5th respondent very fairly, on instructions received from 5th respondent, states that 5th respondent undertakes to vacate the official accommodation in question on or before 30.04.2021.
The consent is accepted and recorded.
In view thereof, with the consent of learned counsel for the parties, the writ petition is disposed of with the direction that the official accommodation allotted and in possession of 5th respondent shall be vacated by 30.04.2021. The 5th respondent shall file an undertaking to that effect within ten days from today before the City Magistrate, the third respondent.
In the event the premises is not vacated, as per the undertaking, it will be open to the authorities to proceed against the 5th respondent to recover penal rent as per Rules.
Order Date :- 13.1.2021 P. Sri.