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Vijay Laxmi Sinha vs State Of ...

High Court Of Judicature at Allahabad|29 November, 2019


Hon'ble Saurabh Lavania,J.
Heard Sri Shobhit Mohan Shukla, learned counsel for the petitioner and Sri Manish Mishra, learned Standing Counsel for the State-Respondents.
The husband of the petitioner Sri Vijay Prakash Sinha, while working as Review Officer (Gazetted) and while posted in the department of Vigilance, was allotted House No. 08, a Type- IV accommodation at D.M. Compound, Officers' Colony, Lalbagh, Lucknow vide Office Memorandum dated 30.08.2010 issued by the opposite party Nos. 1 and 2.
On 11.01.2011, along with the aforesaid accommodation, Garage No. G-03 was also allotted to the husband of the petitioner.
Prior to his superannuation on 31.10.2019, the petitioner, who is also a Government employee and is entitled for same type of accommodation, applied for transfer of the aforesaid allotment through various applications. The last application for allotment of premises was given by the petitioner on 02.04.2018, as appears from the writ petition. For allotment, the Allotment of Houses under Control of the Estate Department Act, of 2016 (in short 'Act, 2016') and the Allotment of Houses under Control of the Estate Department Rules, 2016 (in short 'Rules, 2016') would apply.
The aforesaid applications have not been decided and after retirement of petitioner's husband, vide letter/order dated 25.11.2019, the Estate Officer has communicated the husband of the petitioner that it will not be possible to permit retention of possession of the house in question beyond the period of 30 days from the date of retirement, which period has already expired. This communication has been annexed as Annexure SA-1 to the supplementary affidavit, which is taken on record.
Sri Manish Mishra, learned Standing Counsel for the State-Respondents has drawn our attention to Sub-Rule 3 of Rule 8 of the Act, 2016 and submitted that for a maximum period of 30 days, husband of the petitioner can retain Government accommodation and thereafter, on special permission by the State Government, the premises can be retained by the husband of the petitioner for additional period of 30 days. This is in exceptional circumstances. No online application as required by the petitioner has been filed for allotment of home and therefore, the same has not been considered and decided by the State Authorities.
Considering the aforesaid, we grant three working day's time to the petitioner to apply for accommodation as per Government Order dated 12th July, 2018 and thereafter, the same shall be considered on merits in accordance with law within a further period fifteen days from the date of receipt of certified copy of this order and no further action shall be taken for evicting the petitioner and her husband from the premises in question till the final order is passed or till expiry of fifteen days provided by this Court for taking decision on the application for allotment of home to the petitioner, whichever is earlier.
With the aforesaid direction, the writ petition is disposed of.
[Saurabh Lavania, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 29.11.2019 Arun/-
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Vijay Laxmi Sinha vs State Of ...


High Court Of Judicature at Allahabad

29 November, 2019
  • Pankaj Kumar Jaiswal
  • Saurabh Lavania