Court No. - 58
Case :- WRIT - A No. - 17847 of 2018 Petitioner :- Kapil Rana And 9 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Chandra Shekhar Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners are aggrieved by various notices issued by the authorities; whereby, petitioners have been directed to vacate their official accommodation. The contention of the petitioners is that their children are studying at Ghaziabad and that, at the transferred place, they have not yet been provided with any official accommodation.
Petition is opposed by the learned standing counsel.
Admittedly, the petitioners have been transferred out of Ghaziabad in 2013. There is absolutely no justification for the petitioners to occupy the premises any further in the official accommodation. In case petitioners have not been allotted any official accommodation at the transferred place, they would be entitled to house rent allowances.
No interference with the notices issued is called for.
At this stage, learned counsel for the petitioners comes up with a prayer to grant a reasonable time within which petitioners would undertake to vacate the premises in question.
In such circumstances, it is provided that in case petitioners submit an undertaking before the concerned Commandant, within a period of one week from today, that they shall vacate the premises in question within a period of one month, the authority shall allow the petitioners to continue in the official accommodation. Petitioners shall also submit an undertaking that considering the dilapidated building, their continuance would be at their own cost and risk.
In case such undertaking is given by the petitioners, they would be allowed to continue for a period of one more month.
With the aforesaid observations, this petition stands disposed of.
Order Date :- 23.8.2018 Amit Mishra