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Allahabad High Court · body

2017 DIGILAW 649 (ALL)

Mohammad Izhar v. State of U. P.

2017-02-28

ASHOK KUMAR, V.K.SHUKLA

body2017
JUDGMENT Mohammad Izhar is before this Court assailing the validity of the decision dated 19.1.2017 in Writ-A No. 2788 of 2017 (Mohammad Izhar Vs. State of U.P. & others) wherein the learned Single Judge has proceeded to non-suit the claim of petitioner appellant, wherein petitioner appellant has proceeded to assail the validity of the order dated 10.5.2016, whereby on account of being transferred to district Bhadohi, petitioner appellant has been asked for to vacate the government quarter allotted to him at Police Line Allahabad. 2. Learned counsel for the petitioner appellant is trying to contend before us that in the present case headquarter has not at all been changed, in view of this, petitioner appellant is entitled to retain the premises in question and coupled with this there is non-availability of the government quarter at the place where he has been transferred. 3. Learned Standing Counsel, on the other hand, has resisted the claim of petitioner appellant by contending that petitioner appellant has been allocated residential premises in lieu of his posting at Allahabad and once he has been transferred outside the district of Allahabad, then he is duty bound to vacate the residential premises, as has been asked for in the order dated 10.5.2016. 4. After respective arguments have been advanced the factual situation on which there is no dispute is that petitioner appellant is a member of disciplined force, in lieu of his posting at Allahabad he has been allocated residential premises at Police Line Allahabad and he has been occupying the same alongwith his family members. This is also undisputed factual situation that he has been transferred from district Allahabad to district Bhadohi and after his transfer he has been asked to vacate the residential premises, but he has not at all proceeded to vacate the same and has been overstaying in the same. 5. This is also undisputed factual situation that he has been transferred from district Allahabad to district Bhadohi and after his transfer he has been asked to vacate the residential premises, but he has not at all proceeded to vacate the same and has been overstaying in the same. 5. Quarters that have been constructed at Police Line are meant for police personnel who are to be posted at the same district and certainly allotment of the same and its relinquishment is a field covered by the policy that has been so formulated on 21.11.2016, in view of this, once the authority concerned has proceeded to make allotment in favour of petitioner appellant and on being transferred from Allahabad he asked the petitioner appellant to vacate the residential premises, so allotted, petitioner appellant is duty bound to vacate the same and he cannot insist upon that he should be permitted to stay in the same on account of personal inconvenience. Moreover, the petitioner appellant has already overstayed in the same for approximately eight months. Special appeal is dismissed, accordingly.