Disposed

Bimlesh Kumar Dwivedi v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 3 Others

Allahabad HC9 Jul 2024/5067/2024

Case brief

AI extract

What is this about?

Petitioner challenged evacuation notice of government accommodation, seeking liberty to submit fresh representation based on a 1996 circular allowing retention for transferred officials.

What did the court decide?

Liberty granted to petitioner to file fresh representation to respondent No.2 regarding retention of government accommodation.

Bimlesh Kumar Dwivedi Vs State of U.P. Thru. Addl… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46573

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Court No. - 4

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Case :- WRIT - A No. - 5067 of 2024

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Petitioner :- Bimlesh Kumar Dwivedi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Rakesh Kumar Singh, learned counsel for the petitioner and Ms. Deepshikha, learned Chief Standing Counsel-II for the State-respondents.

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2. By means of this writ petition, the petitioner has prayed for the following reliefs:-

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"(i) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned notice dated 08.06.2024 issued by the opposite party No.3, as contained in Annexure No.1 to this writ petition.

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(ii) to issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party No.3 to allow the petitioner to retain the government accommodation i.e. House No.200, Type First in Police Lines, Sitapur till the completion of the present academic session of B. Pharma Course of the daughter of the petitioner and may further be pleased to permit the petitioner to deposit the house rent as normal rent of the aforesaid accommodation."

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3. Learned counsel for the petitioner has submitted that there is specific circular dated 15.11.1996 to the effect that if the incumbent/official has not been allotted any government accommodation to the transferred place or at any place where he is serving, his family may be permitted to retain the government accommodation for limited period in view of peculiar exigency in his matter.

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4. Learned Standing Counsel has stated that on the request of the petitioner, who was transferred from Sitapur to Unnao on 30.05.2023, he has been permitted to retain the government accommodation at Sitapur till 31.03.2024 which has been indicated in the impugned order. Thereafter the authorities are unable to permit the petitioner to retain the official accommodation for further period of one year.

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5. Learned counsel for the petitioner has requested that this petition may be disposed of at this stage and the liberty may be

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given to the petitioner to prefer a fresh representation to the competent authority i.e. the respondent no.2 to reconsider the case of the petitioner in light of the aforesaid circular dated 15.11.1996.

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6. Therefore, without entering into the merits of the issue, I hereby dispose of this petition finally at the admission stage, giving liberty to the petitioner to prefer a fresh representation to the opposite party no.2 i.e. Inspector General of Police, Lucknow Zone, Lucknow taking all pleas and grounds which are available to him enclosing therewith the copies of all relevant documents including the copy of circular dated 15.11.1996 within a period of seven days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the competent authority may take appropriate decision by passing a speaking and reasoned order, strictly in accordance with law/policy/circular dated 15.11.1996, if the benefit thereof may be extended to the petitioner with expedition preferably, within a period of two weeks from the date of receipt of a certified copy of the order of this Court and decision thereof shall be intimated to the petitioner forthwith.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 9.7.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Bimlesh Kumar Dwivedi v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 3 Others

Case brief

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Bimlesh Kumar Dwivedi v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 3 Others

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