Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:17771 Court No. - 4 Case :- WRIT - A No. - 650 of 2025 Petitioner :- Pratibha Nagar Respondent :- State of U.P. and Another Counsel for Petitioner :- Hemant Sharma,Saurabh Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Santosh Kumar, learned Advocate holding brief of Sri Hemant Sharma, learned counsel for the petitioner and learned Standing Counsel for the State respondents. Petitioner is aggrieved by the show cause notice whereby she has been directed to vacate the official accommodation allotted earlier to her in his name in Bulandshahar within seven days. It is contended by learned counsel for the petitioner that petitioner has been transferred from Bulandshahar to Meerut only in the month of June, 2024 and by which time academic sessions of her children has already started and that is why she could not shift her family from Bulandshahar to Meerut. It is submitted that she has not taken any official accommodation at Meerut and she is residing in a rented accommodation and further submits that she is ready to vacate the official accommodation at Bulandshahar by the end of 30th April, 2025. Learned counsel for the petitioner further submits that in above regard petitioner has already represented the matter before the higher authority, namely respondent No.- 2 Learned Standing Counsel submits that since the petitioner has already approached the authority concerned vide representation dated 28th October, 2024 that may be directed to be disposed of in accordance with law. Considering the special facts and circumstances of the case where petitioner's children are studying in school and their academic sessions have already started and the petitioner being transferred from Bulandshahar to Meerut and that she is residing in a rented accommodation at Meerut, it is hereby provided that in the event petitioner furnishes an affidavit of undertaking within a period of three weeks from today before the respondent No.- 2 that she would be vacating the premises in question allotted to her at
Bulandshahar by 30th April, 2025, the respondent No.- 2 shall be taking pragmatic view of the matter and instead of directing for penalty for such accommodation, would accommodate her till 30th April, 2025 by charging only regular rent and petitioner will be liable to pay regular rent for such accommodate till 30th April,
2025.
The appropriate order shall be passed by the competent authority within a period two weeks of such presentation of an affidavit of undertaking filed before the respondent No.- 2. The impugned notice dated 6th December, 2024 and 5th November, 2024 shall be kept in abeyance till the decision is taken by the competent authority. With the aforesaid observations and directions, this petition stands
disposed of.
Order Date :- 6.2.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad