DEVENDRA KUMAR RAJ SAHAI v. STATE OF U.P. AND 2 OTHERS
WRIA/6829/2025 · 2025-05-16
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59338 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59338 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82096 Court No. - 4 Case :- WRIT - A No. - 6829 of 2025 Petitioner :- Devendra Kumar Raj Sahai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Umar Khan Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Mohammad Umar Khan, learned counsel for the petitioner and Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the State.
2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has questioned the order dated 06.05.2025 directing him to vacate the official accommodation within three days otherwise he shall be penalized with the charge of rent at commercial rate as per Government Order dated 01.12.2014 which is Rs.120/- per sq. meter and the same shall be recovered from the salary of the petitioner and he shall be forcefully dispossessed from the official accommodation.
3. It is contended by learned counsel for the petitioner that since the petitioner's son is studying in Class Xth therefore, he is entitled to retain the official accommodation.
4. Learned Standing Counsel for the State submits that the petitioner has deliberately concealed the
order dated 12.12.2024 passed in his writ petition being Writ A No.18279 of 2024 which has come to be referred in the order impugned.
5. Upon a pointed query being made as to why the petitioner has concealed this fact, learned counsel for the petitioner took out a copy of order from his file and placed before the Court. From the order it is clear that the petitioner was permitted to retain the official accommodation till 30.04.2025 in terms of
the Government Order dated 21.11.2016 and had given undertaking before the Court that he would be vacating the official accommodation on or before
30.04.2025. It was provided that in the event of breach of undertaking or failure to vacate the premises, the police authorities would get the petitioner evicted from the official accommodation by using force in view of the order passed by this Court dated 12.12.2024.
6. Thus, the petitioner was under obligation to abide by his own undertaking given before the Court. He has violated the undertaking given before the Court by retaining official accommodation beyond 30.04.2025 which amounts to criminal contempt as well for which the State-respondents be taking appropriate action by moving appropriate application before this Court. Second writ petition for the same relief is certainly not maintainable and petitioner has come to this Court with unclean hands and therefore, the petition is liable to be dismissed with exemplary cost which is assessed as Rs.50,000/-.
7. The petitioner is directed to deposit the cost with the department concerned within a period of 30 days from today failing which respondent-department shall be proceeding to recover the cost from the salary besides the rent and penalty as prescribed for and directed under the order impugned.
8. With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 17.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad