RAVI KUMAR RAI Vs. UNION OF INDIA THRU SECY
LAWS(ALL)-2012-10-44
HIGH COURT OF ALLAHABAD
Decided on October 19,2012

RAVI KUMAR RAI Appellant
VERSUS
UNION OF INDIA THRU SECY Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner Sri Irshad Ali and Sri A.B.L. Gaur, learned senior counsel for the respondents
(2.) TO 5 of the Allahabad University. I have heard Sri J.P. Singh for the respondent No.6 and 7. All these respondents have filed their counter affidavits. The respondent No.1 is only a formal party. The respondent No. 8 and 9 are the District Magistrate and the Senior Superintendent of Police represented by the learned Standing Counsel. This petition has been filed by two petitioners who claim to have been admitted on the rolls of the University and they have also applied for allotment of accommodation in the respondent No.6 Hostel. The petitioners have not been provided any allotment inspite of the fact that they have deposited the requisite fee for the same. The reason explained in the writ petition is that unauthorized occupants, not only in the respondent No.6 hostel, but in almost in all the hostels of the University are occupying rooms as a result whereof genuine candidates and students are unable to get the occupancy of the allotted rooms. This Court had called upon the University and the warden of the hostel to file their affidavits and two affidavits have been filed; one on behalf of the respondent University and the other on behalf of the warden of Holland Hall Hostel. The allegations made in the writ petition have been almost admitted by the University and by the hostel and details of unauthorized occupancy have also been reflected therein. The difficulty and inconveniences which are being reflected in these affidavits is that these unauthorized occupants are also antisocial elements and are involved in criminal activities and, therefore, without the help of the administration they cannot be evicted. Sri A.B.L. Gaur has also invited the attention of the Court to such direction having been issued in the past in Writ Petition No. 10656 of 1997 decided on 28.3.1997. The said order is said to have been modified subsequently on 22.2.1997 directing the University to undertake this exercise in all hostels of the University. Having heard learned counsel for the parties and also learned Standing Counsel, this writ petition is disposed of with a direction to the Vice Chancellor to constitute a team under his chairmanship or a senior professor for the purpose of identifying the unauthorized occupants and to put all of them to notice within two weeks of the identification so made not only in respect of the Respondent No.6 Hostel but also in relation to all the hostels of the university. The same shall be done after obtaining reports from the warden of the respective hostels without any further delay. After the said reports are received, notices shall be issued to the unauthorized occupants and a public notice shall also be published in two local daily newspapers, namely, Hindi daily Dainik Jagaran and English daily newspaper Hindustan Times (local edition) calling upon the unauthorized occupants to vacate the rooms in their occupancy forthwith. In the event the unauthorized occupants fail to vacate the premises, the Respondent No.8, District Magistrate, District Allahabad and the Senior Superintendent of Police, Allahabad are both directed to provide adequate force to the University through the Chief Proctor with whom these officials shall coordinate for the purpose of getting these unauthorized occupants evicted from the hostels not later than one month from today. It shall be open to the administration to requisition the Provincial Armed Constabulary for the said purpose in adequate numbers. The writ petition is, therefore, disposed of with the said directions to the respondents.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.