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Allahabad High Court · body

2017 DIGILAW 589 (ALL)

Mata Pher v. State of U. P. Thru. Prin. Secy. Deptt. of Ayush

2017-02-20

NARAYAN SHUKLA, SHEO KUMAR SINGH-I

body2017
JUDGMENT Heard Mr. Lakshman Singh, learned counsel for the petitioner as well as Mr. D.K. Pathak, learned Additional Chief Standing Counsel. The petitioner has assailed the order dated 09.12.2016 issued by the Director, Ayurvedic Services, State of U.P., Lucknow i.e. respondent no.3. By means of order impugned, the respondent no.3 has recommended the petitioner's claim for enhancement of rent on the ground that by means of District Magistrate's recommendation dated 31.07.2015, the respondents fixed the rent at the rate of Rs.2/- per square feet for the petitioner's house occupied by the respondents to run Government Ayurvedic Hospital. Learned counsel for the petitioner has invited attention of this Court towards a letter dated 07.05.2016 issued by the Regional Ayurvedic and Unani Officer, Sultanpur, whereby he has admitted that the rent of house situated at Gauriganj and Amethi has been sanctioned at the rate of Rs.3/- per square feet w.e.f. June, 2005. He has also recommended for enhancement of rent to the District Magistrate, Amethi by the same very letter but till date the same has not been implemented so far, therefore, the petitioner has come forward to invoke the jurisdiction of this Court under Article 226 of the Constitution of India challenging the order date 09.12.2016 as well as for issuing direction to pay the rent of the petitioner's house occupied by the respondents at the rate of Rs.3/- per square feet, which is admissible w.e.f. June, 2005 for the place where the building is situated. It is stated that the house is situated at Gaura in district Amethi. At this stage, Mr. D.K. Pathak, learned Additional Chief Standing Counsel has stated that the petitioner's house in question is situated at Gaura, which is far away to Gauriganj and Amethi and therefore, the petitioner cannot claim rent as has been made applicable for the place of Gauriganj and Amethi. In reply, learned counsel for the petitioner has brought one more fact to the notice of the Court that the Government has sanctioned the rent at the rate of Rs.2.40/- per square feet for the house situated at Mustafabad Saraiya, which is situated in rural areas, therefore, at least the petitioner may not be paid less than Rs.2.40/- per square feet as stated above. In view of the aforesaid submissions, we hereby quash the order dated 09.12.2016 with direction to the respondent no.1 to reconsider the petitioner's matter in view of the observations made above within one month from the date of communication of this order. In the meanwhile the respondents shall continue to pay the rent at the rate of Rs.2/- per square feet as is being paid w.e.f. 17.05.2015 With the aforesaid observations, the writ petition stands disposed of.