Court No. - 58
Case :- WRIT - A No. - 15823 of 2018 Petitioner :- Sami Ullah Khan Hawaldar (Tailor) Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Mujib Ahmad Siddiqui,Raja Ullah Khan Counsel for Respondent :- A.S.G.I.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has already been transferred to Orissa in the year 2017, and he has joined there. For the last 18 months, petitioner is continuing to occupy official accommodation, allotted to him, while he was in service at Allahabad. Petitioner for various personal difficulties has made an application for extending the allotment in favour of the petitioner. Since no orders have been passed, petitioner is before this Court.
Sri U.K. Pandey appearing for the respondents points out that repeated notices have already been issued to the petitioner to vacate the premises. It is also stated that there is otherwise scarcity of houses, and that person posted in place of petitioner has to be accommodated.
It is not in dispute that petitioner has been transferred in the year 2017 and has already joined. He is continuing in the official accommodation, even after transfer for a period of more than one and a half year. In such circumstances, no direction can be issued to allow the petitioner to retain the house any further. Writ petition, accordingly, fails and is dismissed.
After the aforesaid order has been passed, learned counsel for the petitioner has made a prayer to allow the petitioner to continue in the house for a period of one month from today, whereafter the petitioner shall voluntarily vacate the premises. The offer made is not seriously disputed by the respondents. It is, therefore, provided that petitioner shall be allowed to continue in the accommodation in question for a period of one month from today, and he shall handover the vacant possession to the competent authority on 1st September, 2018. In case the petitioner fails to do so, the authorities shall be at liberty to proceed, in accordance with law.
Order Date :- 30.7.2018 Anil