Court No. - 38 Case :- WRIT - A No. - 38895 of 2010 Petitioner :- Viveka Nand Tiwari Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Gautam Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for petitioner and learned Standing Counsel.
Petitioner is aggrieved by the notice dated 24.04.2010 by which
Superintendent of Police, Allahabad has directed petitioners to vacate the
premises as he has already been transferred from this place and has not
vacated the official accommodation. Further it has been stated that in case he
will not vacate the premises penal rent will be charged.
It has been contended that authority who has passed the order order has got no
jurisdiction to pass such order.
In view of aforesaid facts and circumstances as it is a question to be
considered by the authority concerned, therefore, in my opinion it will be
appropriate that petitioner may approach the respondent no.2 by making a
representation within a period of two weeks. If such representation is filed,
the respondent No.2 is directed to consider the grievance of the petitioner and
he will pass a detailed and reasoned order within a period of six weeks
thereafter while considering the claim of the petitioner, the respondent No.2
will also take into consideration the fact regarding ailment of the mother of
the petitioner, who is suffering from Cancer and is being treated by Kamla
Nehru Hospital, which is only Cancer Institute available at Allahabad.
It is provided that till the decision of the representation, the petitioner will not
be forced to vacate the accommodation.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 7.7.2010
Pr/-