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MAHESH KUMAR SHARMA versus STATE OF U.P. THRU' SECRETARY & OTHERS

High Court of Judicature at Allahabad

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Mahesh Kumar Sharma v. State Of U.P. Thru' Secretary & Others - WRIT - A No. 11173 of 2007 [2007] RD-AH 3404 (28 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vineet Saran, J.

Heard learned counsel for the petitioner as well as learned Standing counsel for the respondents.  With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

The  petitioner was transferred from Moradabad to Bareilly in June, 2005. He was earlier granted permission to continue to retain the official accommodation till June, 2006 i.e. Till the end of the academic session. He has still not vacated the official accommodation. By means of this writ petition the petitioner has prayed that he may be granted further extention till June, 2007 on the ground of his daughter studying in Class XII.

Normally this Court would have allowed such prayer but in the circumstances where the petitioner has retained the official accommodation for more than a year and after having been granted extension till June, 2006 he has not vacated the same  as yet and is now approaching this Court after eight months of the extended period, in such circumstances the petitioner would not be entitled to grant of any discretion in his favour.

This writ petition is, accordingly, dismissed.

dt. 28.2.2007

dps

w.p. 11173.07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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