Allahabad High Court
Smt. Bano vs State Of U.P. Thru' Secy. Deptt. Of ... on 27 September, 2012
Bench: Pankaj Naqvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 22
Case :- WRIT - A No. - 17674 of 2002
Petitioner :- Smt. Bano
Respondent :- State Of U.P. Thru' Secy. Deptt. Of Medical & Health & Ors.
Petitioner Counsel :- Bushra Maryam,Pooja Srivastava
Respondent Counsel :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Ms. Bushra Maryam, learned counsel for the petitioner and learned standing counsel.
1. The petitioner, Smt. Bano, since deceased and now represented by her legal representative, was a Cook in AHM & Dufferin Hospital, Kanpur Nagar, occupying an official quarter No. 1, Old Building, 37/2, AHM & Dufferin Hospital.
2. It appears that although, Smt. Bano, since deceased, attained superannuation on 30.11.1981, but as there was an alleged dispute, as regards non-payment of her retiral benefits, she illegally and unauthorizedly retained the above accommodation for almost 31 years, when this Court on the previous occasion observed that before the issue could be examined on merits, she should forthwith hand over the vacant and peaceful possession of the quarter to AHM & Dufferin Hospital. Pursuant thereto the petitioner has now filed an affidavit dated 24.09.2012 alleging that although she is willing to hand over the vacant possession of the aforesaid quarter to the Hospital authorities but the Hospital authorities on one pretext or the other, are avoiding to take the delivery thereof and finally she was compelled to move the District Magistrate, Kanpur Nagar, on 21.09.2012.
3. Be that as it may, the fact remains that there is nothing on record i.e. in the supplementary affidavit dated 24.09.2012, from which it could be inferred that the physical possession of the aforesaid quarter has been handed over to the Dufferin Hospital, Kanpur Nagar. Thus, the Court passes the following directions:-
(i) The District Magistrate, Kanpur Nagar, is directed to take forthwith the physical possession of quarter No. 1, Old Building, 37/2, AHC & Dufferin Hospital, Kanpur Nagar, after prior intimation to the Hospital concerned so that the representative of the hospital is also present at the time of taking over of the possession.
(ii) The District Magistrate, Kanpur Nagar shall be at liberty to take assistance of the local police, who shall offer full assistance and cooperation in taking over the physical possession, if need be, by breaking the locks, if any.
(iii) Any articles recovered or found in the quarter, shall be recorded in the inventory, which would be signed by both the representatives i.e. of the District Magistrate and of the Hospital concerned. The possession so taken shall be handed over to the hospital authorities in writing.
(iv) In case, it is found that the hospital authorities have already obtained possession of the quarter, then this order shall cease to have any effect.
(v) Learned standing counsel shall forthwith communicate this order, both by fax and speed post to the District Magistrate, Kanpur Nagar and to the Hospital authorities.
(v) Learned standing counsel shall also file an affidavit of compliance by the next date.
Put up on 15.10.2012 in the additional cause list. Copy of this order be given to learned standing counsel within 24 hours.
Order Date :- 27.9.2012
Chandra
