High CourtsDivision Bench(2009) 09 AHC CK 0231

Board of Trustees of Martyrs Memorial Trust and Another vs Union of India and Others

Allahabad High Court · Decided on 16 September 2009

HON’BLE JUDGES
Shashi Kant Gupta, J · R.K. Agrawal, J
CASE NUMBER
Writ-C. No. 49841 of 2009

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Judgment

4 paragraphs · 232 words
1.

Vide order dated 15th May, 2009 which has been impugned in the present writ petition the allotment of Government Residential accommodation No. 1 & 2 to Shaheed Smarak Nyas, Basantpur, Ballia has been cancelled. We are not inclined to interfere in the said order as the petitioner has no vested right to continue to hold the said accommodation as it is only a licensee.

2.

Sri Ashok Khare, learned Senior Standing Counsel assisted by Sri H.K. Singh has submitted that under the garb of the order dated 15th May, 2009, the authorities are also disturbing the peaceful possession of the constructions made in the adjoining land.

3.

It is not clear as to whether adjoining land is part of this accommodation or not. If the same is not part of the accommodation No. 1 & 2 then obviously under the garb of this order, the authorities can not disturb the peaceful possession of the petitioner in respect of the constructions made on the adjoining land. However if the adjoining land on which the construction is alleged is part of the Government accommodation No. 1 & 2, then the allotment having cancelled, the petitioners have no right to object and the authorities are justified on their part.

4.

The writ petition is disposed of with the aforesaid observation. Ms. Poonam Singh, learned counsel has appeared for the Respondents No. 1 & 2.