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Smt. Kiran Gupta v. State Of U.P. And Others - WRIT - C No. 11509 of 2007 [2007] RD-AH 3608 (1 March 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).


Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

This writ petition has been filed for quashing the order dated 17th February, 2007 passed by the Additional District Magistrate, Moradabad requiring the husband of the petitioner to vacate the house that had been given to him while he was posted at Moradabad by 18th February, 2007.

A perusal of the order indicates that even though the husband of the petitioner who was working as Transport Tax Officer, had been transferred from district Moradabad on 12th September, 2005 the said house was retained by him.

Learned counsel for the petitioner contended that in view of the provisions of Domestic Violence Act, 2005 which came into force w.e.f. 26th January, 2006 the petitioner who is living in the said accommodation cannot be compel to vacate the said premises.

We find no force in the submissions advanced by the learned counsel for the petitioner. The husband of the petitioner had been given the said accommodation while he was discharging the duties of Transport Tax Officer, at Moradabad. Upon his transfer he had no authority to retain the accommodation and the provisions of the Domestic Violence Act, cannot come to the aid of the petitioner in such a situation. There is, therefore, no infirmity in the notice dated 17th February, 2007.

The petition is totally misconceived and is, accordingly, dismissed.

Date: 1.3.2007



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