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2025 DAILYLAW 29197 (ALL)

HEAD CONSTABLE C.P. AWADH NARESH v. THE STATE OF U.P. AND 4 OTHERS

WRIA/5038/2025 · 2025-04-20

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:58371 Court No. - 4 Case :- WRIT - A No. - 5038 of 2025 Petitioner :- Head Constable C.P. Awadh Naresh Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Arvind Kumar Tiwari, learned counsel for the petitioner as well as Ms. Archana Tyagi, learned Additional Chief Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following reliefs as substantial reliefs: "i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 4 not to evict and disposes of the petitioners from government accommodation which is situated at House H-38 Police Club, Chhipitola P.S. Rakabganj, District Agra. ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 4 to send the L.P.C. respondent no. 5 paying the regularly salary from the July 2024, to this writ petition." Learned Standing Counsel submits that petitioner has been transfer in the month of July 2024 and yet he has not vacated the official accommodation. In the given facts and circumstances of the case, it is hereby provided that in the event petitioner furnishes a notarized affidavit before the respondent no. 4 to the effect that he would be vacating the premises in any circumstances by 30.06.2025, upon such undertaking being furnished, his last pay certificate shall be issued by the respondent no. 4 to respondent no. 5 within a week of filing of the affidavit. It is further provided that in the event petitioner does not vacate the premises by 30.06.2025, he may be subjected to disciplinary proceedings in accordance with law and shall also be liable to pay the rent at commercial rate as well as penalty from the date he was expected to vacate the premises in question upon being transferred. With these observations and directions this petition stands disposed of. Order Date :- 21.4.2025/IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad