Allahabad High Court High Court

Surendra Singh vs State Of U.P. And Others on 14 July, 2010

Allahabad High Court
Surendra Singh vs State Of U.P. And Others on 14 July, 2010
Court No. - 38

Case :- WRIT - A No. - 40498 of 2010

Petitioner :- Surendra Singh
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 petitioners and learned Standing
Counsel.

Petitioner is aggrieved by the notice dated 1.7.2010 by which
respondent no.4 has directed petitioners to vacate the premises
within a period of seven days as they have already been transferred
from this place and has not vacated the official accommodation.
Further it has been stated that in case they 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 petitioners may approach the respondent
no.3 by making a representation within a period of two weeks. If
such representation is filed, the respondent No.3 is directed to
consider the grievance of the petitioners and he will pass a detailed
and reasoned order within a period of six weeks thereafter.
It is provided that till the decision of the representation, the
petitioners will not be forced to vacate the accommodation.
The writ petition is disposed of accordingly.
No order as to costs.

Order Date :- 14.7.2010
V.Sri/-