Court No. - 36
Case :- WRIT - A No. - 18773 of 2019 Petitioner :- Poorva Singh Respondent :- State of U.P. and another Counsel for Petitioner :- Mohan Lal Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Mohan Lal Mishra, learned counsel for the petitioner and Sri Sharad Chandra Upadhyaya, learned Standing Counsel for the State-respondents.
Petitioner is before this Court for a writ, order or direction in the nature of mandamus commanding the respondents to grant the time to the petitioner for living at the Rajkiya Aawas F-3, Forest Colony Chitrakoot during the period of Board Examination of the CBSE Board and further prayed for direction in the nature of certiorari quashing the notice dated 11.7.2019 issued by respondent No. 2 i.e. Prabhageey Vanadhikari Van and Vanya Jeev Prabhag, Chitrakoot.
At the very outset, learned counsel for the petitioner states that the petitioner is handicap and her sister is also appearing in CBSE Board Examination scheduled to take place in February 2020 and in response thereof, he has already moved detailed response to the notice. As such, learned counsel for the petitioner makes request that till the disposal of the said representation or fresh representation, petitioner may be permitted to reside in the official accommodation i.e. Rajkiya Aawas F-3, Forest Colony Chitrakoot.
In the facts and circumstances of the case, without adverting on merit of the case and with the consent of learned counsel for the parties, this writ petition is disposed of asking the petitioner to move comprehensive representation in reply to the notice dated 11.7.2019 before the competent authority. If the petitioner files a comprehensive representation within 10 days from today, the same shall be decided by the respondent No. 2 in accordance with law by taking sympathetic view, preferably within a period of next six weeks from the date of receipt of a certified copy of this order.
It is provided that till the disposal of the petitioner's representation, no coercive action shall be taken against the petitioner in reference to notice dated 11.7.2019.
Order Date :- 28.11.2019 Jaswant