Back
2003 Supreme(All) 527
IN THE HIGH COURT OF ALLAHABAD
Anjani Kumar, J.
ARVIND KUMAR SHARMA - Appellant
Versus
SUPERINTENDENT OF RAILWAY POLICE - Respondents
C. M. W. P. 11231 Of 2003
Decided On : 03/11/2003
K.C.Shukla
The petitioner's failure to demonstrate a legal right to the accommodation resulted in the dismissal of the writ petition.
Headnote:
Legal Right - Accommodation - The petitioner failed to demonstrate any legal right to continue in the Railway accommodation allotted to him, leading to the dismissal of the writ petition.
Fact of the Case:
The petitioner sought relief from the court to prevent interference in residing in a specific house and to avoid legal or departmental proceedings for non-vacating the house. The court found the petitioner failed to demonstrate a legal right to continue in the accommodation.
Finding of the Court:
The court dismissed the writ petition as devoid of merits but directed the petitioner to vacate the accommodation by a specified date, failing which legal action could be taken.
Issues: The issues revolved around the petitioner's right to continue residing in the Railway accommodation and the relief sought to prevent interference and legal proceedings.
Ratio Decidendi: The petitioner's failure to demonstrate a legal right to the accommodation led to the dismissal of the writ petition, but the court allowed time for the petitioner to vacate the accommodation before legal action could be taken.
Final Decision: The writ petition was dismissed, but the petitioner was given a specified time to vacate the accommodation before legal action could be pursued.
( 1 ) HEARD learned counsel for the petitioner and the learned standing counsel for the contesting respondents.
( 2 ) IN view of the order which I propose to pass, it is not necessary to invite any counter-affidavit.
( 3 ) THE petitioner, by means of this writ petition under Article 226 of the Constitution of India, has prayed for the following reliefs :
(i) Issue writ, order or direction in the nature of mandamus commanding the Superintendent of railway Police, Agra Cantt. , Agra (respondent No. 1) not to interfere in the peaceful living of petitioner in House No. D-7, Railway Colony, Agra Cantt. , Agra and further direct the respondent No. 1 to permit the petitioner for residing in the aforesaid house till the allotment of new residential house in District Police, Agra. (ii) Issue writ, order or direction in the nature of mandamus commanding the respondent No. 1 to not Initiate any legal or departmental proceeding against the petitioner for non-vacating the residential house No. D-7, Railway Colony, Agra Cantt. , Agra. (iii) issue any other writ, order or direction which this Honble Court may deem fit and proper on the facts and circumstances of the case ; (iv) Award cost on the petition to the petitioner.
( 4 ) THE petitioner has miserably failed to demonstrate any legal right to continue in the Railway accommodation allotted to him by virtue of his posting in the Government Railway Police.
( 5 ) IN this view of the matter, this writ petition is devoid of merits and deserves to be dismissed.
( 6 ) HOWEVER, in the facts and circumstances of the case and as stated in the application of the petitioner, Annexure-9 to the writ petition, only to this extent that the petitioner will vacate the accommodation on or before 1st of April, 2003, it is directed that the petitioner shall not be forced to vacate the accommodation, namely, Railway accommodation allotted to him by virtue of his posting in the Government Railway Police till 31st March, 2003. If the petitioner does not vacate the said accommodation on or after 1st April, 2003, it will be open to the respondents to take such legal action as are available to them.
( 7 ) IN view of what has been stated above, this writ petition is dismissed.
.
