Neutral Citation No. - 2025:AHC:9453 Court No. - 6 Case :- WRIT - A No. - 12528 of 2024 Petitioner :- Vinod Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and Sri S.K. Pal, learned Additional Chief Standing Counsel for State-respondents. 2. Present petition has been filed seeking following relief:- "a). Issue a writ, order or direction in the nature of certiorari, for quashing the impugned order dated 20.06.2024 passed by the respondent no. 2 the Deputy Police Commissioner, Headquarter, Commissionerate, Kanpur Nagar. " 3. Case was heard on 10.01.2025 and Court has passed following order:- "1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Learned counsel for the petitioner has submitted that now he has vacated house in question only challenging the recovery of amount of penal rent. He also pointed out as per the Government Order dated 21.11.2016, the maximum penal rent is Rs.40/- per square meter whereas in the present case, it has been calculated at the rate of Rs.120/- per square meter. 3. Learned Standing Counsel has pointed out that now the rate has been changed and enhanced to Rs.120 per square meter. He prays for and is granted a week's time to produce the Government Order related to enhancement the penal rent before this Court. 4. List this case on 21.01.2025 as fresh." 4. Pursuant to the order dated 10.01.2025, learned Additional Chief Standing Counsel has produced instruction dated 17.01.2024 along with Government Order dated 01.12.2014, which is taken on record. 5. Learned counsel for petitioner submitted that G.O. dated 01.12.2014 has been issued prior to issuance of Circular No. D.G.- 67/2016 dated 21.11.2016. Therefore, later order shall prevail over the earlier order. Apart that, Circular No. D.G.-67/2016 dated 21.11.2016 is for police personnel whereas G.O. dated 01.12.2014 is a general order, therefore, case of petitioner is covered with Circular No. D.G.-67/2016 dated 21.11.2016. 6. Under such facts of the case, contentions of counsel for petitioner is correct. Therefore, maximum penal rent can be charged at the rate of Rs. 40 per square foot and not beyond that. 7. As the petitioner has already vacated the house in question, therefore, impugned order dated 20.06.2024 is hereby quashed so far as it determines the penal rent. 8. Accordingly, writ petition is partly allowed. 9. Matter is remanded back to respondent no. 2 to pass fresh order calculating the penal rent strictly in accordance with Circular No. D.G.-67/2016 dated 21.11.2016 for the period petitioner had overstayed in the house in question and shall recover the same from petitioner strictly in accordance with law. Order Date :- 21.1.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad