U.P.Madhyamik Shiksha Sangh ... vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 6039 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- MISC. BENCH No. - 10084 of 2021
 

 
Petitioner :- U.P.Madhyamik Shiksha Sangh Lko.Thru.President&Anr
 
Respondent :- State Of U.P. Thru. Prin. Secy. Rajya Sampatti Lko & Anr.
 
Counsel for Petitioner :- Manoj Kumar Dwivedi,Devendra Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

The case is taken up through Video Conferencing.

Heard Mr. Manoj Kumar Dwivedi, learned counsel for the petitioners and Mr. Ranvijay Singh, learned Additional Chief Standing Counsel for State Authorities.

The instant writ petition has been filed seeking following reliefs:

"(i) issue, a writ, order or direction in the nature of Certiorari quashing the order dated 3.2.2020 to the extent that it imposed penal charge @ 10% on per month rent of accommodation, issued by the opposite party no.2, contained in Annexure No.1 to this writ petition.

(ii) issue, a writ, order or direction in the nature of Mandamus commanding the respondents to not vacate the accommodation of petitioners in pursuance of order dated 3.2.2020.

(iii) issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case may also be passed and

(iv) allow this writ petition in favour of petitioner."

As per the facts of the case, the petitioners were asked to vacate the premises in question vide notice dated 19.08.2016 pursuant to the Apex Court's judgment in the case of Lok Prahari through its General Secretary Vs. State of U.P. and others; (2016) 8 SCC 389. The petitioners since then are in illegal occupancy of the premises in question.

Learned counsel for the petitioners submits that they had submitted an application dated 24.03.2017 for re-allotment of the premises in question, however, the said premises has not been re-allotted to them. It is submitted that the opposite parties have wrongly imposed penal rent over and above the monthly rent chargeable from the petitioners.

We have considered the submissions made by parties' counsel and gone through the records.

We are of the considered view that since as per the own case of the petitioners they do not possess any allotment in their favour and as such they are in illegal occupancy of the government accommodation since 1.8.2016, the petitioners are liable to pay the entire rent plus the penal rent for the period they have been in illegal occupancy of the premises in question. The petitioners have no right to claim the allotment of the premises in question.

At this stage, Mr. Manoj Kumar Dwivedi, learned counsel for the petitioners makes a statement at the bar that the petitioners would vacate the premises in question within 15 days from today, however, the authorities concerned may decide the question as to whether penal rent charged from the petitioners has been rightly charged or not.

Writ petition is accordingly dismissed. The concerning authority shall get the possession of the government accommodation from the petitioners and they may also charge the rent and penal rent as chargeable under law.

Order Date :- 7.6.2021

Ram.