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2025 DAILYLAW 53759 (ALL)

VIJAY KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIA/11714/2025 · 2025-08-13

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138717 Court No. - 5 Case :- WRIT - A No. - 11714 of 2025 Petitioner :- Vijay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Gupta,Mohd. Faizan Ali,Vandana Gupta Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Mohd. Faizan Ali, learned counsel for the petitioner and Mrs.Raj Lakshmi Sinha, learned Standing Counsel. 2.Petitioner is not permitted to take a U turn from the pleadings and the averments made before the authorities. In the impugned order, it has been specifically noted that in the earlier round of litigation he has stated on oath that he resided at a garage during his service period i.e. from 1992 till he got retired in the year 2019 as well as he has made a specific statement during the inquiry conducted in pursuance of an order passed in the earlier round of litigation that "मम गगगाँधधी नगर मम आवगस ससंख्यग 182 कके ववपरधीत / सगमनके गगैरगज मम 1992 यग 1993 सके रहतग थग" 3. Aforesaid declaration cannot be ignored, since petitioner has stayed in a garage during his service period of 27 years and he was well aware about the amount of deductions made towards the H.R.A. and he is stopped to challenge it soon after he retired without any legal basis and contrary to his own stand. 4. On above both grounds, present Writ Petition is dismissed. Order Date :- 14.8.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad