2025:UHC:2892-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA/921/2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. 1. Mr. S.C. Bhatt, learned counsel for the appellant. 2. Mr. D.S. Bora, learned Standing Counsel for the State of Uttarakhand. 3. Mr. I.D. Paliwal, learned Standing Counsel for the State of Uttar Pradesh. 4. There is delay of 9 days in filing the appeal. Prayer for condonation of delay is not opposed by learned counsel for the respondent. 5. For the reasons stated in the delay condonation application, the same (IA No. 14362 of 2017) is allowed. The delay in filing the appeal is hereby condoned. 6. This intra court appeal is directed against the judgment and order dated 21.09.2017 passed by learned Single Judge in WPMS No. 1253 of 2014. By the said judgment, the writ petition, filed by the petitioner against the recovery citation, was dismissed on the ground that appellant has not vacated the Government accommodation, allotted to him, till now. 7. Law is well settled that a Government Servant, who is allotted Government accommodation, is required to vacate the same soon after his/her retirement. As per U.P. Irrigation Department, appellant overstayed in the 2025:UHC:2892-DB Government accommodation, although appellant retired on 31.12.1998; however, he has not vacated the accommodation in question as yet. 8. Mr. S.C. Bhatt, learned counsel appearing for the appellant, however, submits that appellant is not in possession of any Government accommodation. 9. For the aforesaid reasons, we are not inclined to interfere with the impugned judgment. A sum of ₹15,323/- is sought to be recovered from the appellant. 10. We dispose of the appeal by directing the District Magistrate, Udham Singh Nagar to evict the appellant, if he is found in possession of any Government accommodation, belonging to Irrigation Department. 12. The amount deposited by the appellant in the Registry of this Court, pursuant to the order dated 30.05.2014 passed in WPMS No. 1253 of 2014, shall be refunded to him. However, District Magistrate, Udham Singh Nagar shall be at liberty to recover the amount indicated in the recovery citation from the appellant, as per rule. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 22.04.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f980 2a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C 22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.04.22 18:26:16 -07'00'