Special appeal against an order disposing of a writ petition on the petitioner's undertaking to vacate official accommodation pending final decision on the appeal.
Appellant directed to vacate official accommodation by 18 April 2018 if undertaking submitted, otherwise within three days of order.
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Court No. - 39
Case :- SPECIAL APPEAL No. - 307 of 2018
Appellant :- P.N.O. No. 062240172 Santosh Kumar Respondent :- State Of U.P. And Another Counsel for Appellant :- Ashish Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This Special Appeal arises out of a judgement and order dated 19 March 2018 of a learned Judge of this Court by which the writ petition filed by the appellant has been disposed of in view of the statement made by the learned counsel for the writ petitioner.
The appellant, who was working as a Constable in the Civil Police in Etawah was sent on deputation to the Commercial Tax Department, Lucknow by order dated 24 August 2017. It is for this reason that the appellant was asked to vacate the official accommodation provided to him. This grievance was raised in the petition that was disposed of with the following observations:-
"At this stage, learned counsel for the petitioner submits that the petitioner be given a reasonable time to vacate the house. In case the petitioner gives an undertaking before the Senior Superintendent of Police, Etawah within a period of ten days from today that he shall vacate the official accommodation within a month from today, he shall be allowed to continue for a further period of one month from today.
Subject to the observations made above, this petition stands disposed of."
In view of the specific statement made by learned counsel for the petitioner that an undertaking will be given by the petitioner before the Senior Superintendent of Police, Etawah within ten days that he would vacate the official accommodation within a period of one month from the date of the order, it will not be appropriate for the Court to entertain this Special Appeal. This apart, when the petitioner had been sent on deputation in August 2017, he cannot be permitted to retain the official accommodation.
Learned counsel for the appellant is also not in a position to state as to whether the undertaking that was required to be given within ten days had actually been given or not.
We, therefore, dispose of this Special Appeal with the following
directions:-
"(i) in the event the petitioner-appellant had submitted an undertaking within ten days from 19 March 2018, then the petitioner-appellant will vacate the official accommodation provided to him at Etawah by 18 April 2018.
(ii) In case the undertaking has not been submitted by the petitioner-appellant within a period of ten days from 19 March 2018, then the petitioner-appellant shall vacate the official accommodation within three days from today.
Order Date :- 9.4.2018
NSC
(Dilip Gupta, J.)
(Neeraj Tiwari, J.)
Santosh Kumar
State Of U.P.
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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