Santosh Kumar Dwivedi vs State of Up and Another

Court No. - 5

Case :- WRIT - A No. - 12685 of 2024

Petitioner :- Santosh Kumar Dwivedi Respondent :- State of U.P. and another Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C.

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Hon'ble J.J. Munir,J.

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The case of the petitioner is that he has been transferred from Kanpur Nagar to Unnao and is retaining his official accommodation there. The petitioner says that there is no housing facility at Unnao and none has been allotted to him. He places reliance upon paragraph No. 4 of the Police Headquarter's Circular dated 21.11.2016, authorizing a policeman to retain his quarters at his place of last posting, if he is transferred to a newly created district, where there is no housing facility.

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Issue notice.

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Notice on behalf of all the respondents is accepted by Mr. Gaurav Singh, learned Standing Counsel. He will seek instructions in the matter within a week, specifically on the point if in the District of Unnao, there is either total lack of residential accommodation for policemen or there is utter dearth of it, on account of which, the petitioner has not been allotted official quarters at Varanasi. A clear stand shall be taken in the instructions to be received if the petitioner's case is covered by the Police Headquarter's Circular dated 21.11.2016.

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Adjourned to 03.10.2024 .

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To be taken up as fresh .

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Till the next date of listing, the petitioner shall not be dispossessed

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from Quarter No. 304, Type Ist, Traffic Police Line, Kanpur Nagar in any manner, whatsoever.

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The Registrar (Compliance) is directed to communicate this order to the Deputy Commissioner of Police, Headquarters Commissionerate, Kanpur Nagar through the learned Chief Judicial Magistrate, Kanpur Nagar within 24 hours next .

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Order Date :- 24.9.2024 I. Batabyal

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Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Santosh Kumar Dwivedi v. State of Up and Another

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Santosh Kumar Dwivedi v. State of Up and Another

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