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2010 Supreme(SC) 736

P.SATHASIVAM, ANIL R.DAVE
Union of India – Appellant
Versus
Kamla Verma – Respondent


JUDGMENT

Anil R. Dave, J. —

1. Leave granted.

2. Being aggrieved by the judgment dated 19th January, 2007 delivered by the High Court of Allahabad, Lucknow Bench, Lucknow in Writ Petition No. 1661 (M/B) of 1998, the original respondents before the High Court have approached this Court by way of this appeal.

3. The facts giving rise to the litigation in a nutshell are as under:-

The respondent- original petitioner before the High Court had filed the aforesaid writ petition praying that the premises situated at 14, Kasturba Marg, (Old No. 15, Tomb Road) Lucknow Cantt., be de-hired under the policy of Central Government as reflected in Para 19 Clause (c) of the Policy and procedure for dehiring of houses dated 19.11.1979 (as amended on 19.3.1985) as the premises in question was not being used by the respondents because it was in a dilapidated condition.

4. After considering the fact that the premises was not in good shape and was not in use by the respondents, the High Court allowed the petition by directing the respondents to permit the petitioner to undertake repair works of the premises in question and to de-hire the same with immediate effect.

5. The High Court came to the conclus
























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