ABRAR HUSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner has filed present writ petition challenging his order of dismissal dated 3.1.2017 as well as chargesheet dated 20.9.2016.

(2.) The petitioner was appointed on the post of Lighter (Switchman) in Lucknow Municipal Corporation, in the year 1979. His services were confirmed with effect from 1.7.1987 and was working as Porter at the relevant time with Lucknow Nagar Nigam, Lucknow. One Smt. Rizwana Khatoon, was in occupation of a house for many years. It appears that the said house was constructed on land of Lucknow Nagar Nigam. The petitioner took the said house on lease for 90 years from said Smt. Rizwana Khatoon. Thereafter, on coming to know of certain dispute, petitioner moved an application on 16.11.1999 to the Additional Municipal Commissioner, Lucknow, informing him about his occupation of the said house constructed on the land of Lucknow Nagar Nigam and requested that he may be permitted to deposit the price of the land of Nagar Nigam. On the said application of the petitioner report was sought and thereafter a communication dated 31.5.2000 was made by the Sahayak Nagar Adhikari (Rent), that Mukhya Nagar Adhikari by his order dated 20.5.2000, has accepted the request of petitioner and further required the petitioner to deposit an amount of Rs.33000/- (approximately 1/4 of the assessed cost of land) in favour of Lucknow Nagar Nigam, by way of a bank draft. The communication further informed that further action will be taken only after final assessment of the land is done and decision is taken by the Sadan (House of Lucknow Nagar Nigam). It further informed that the decision of the House of Lucknow Nagar Nigam would be final in every circumstances. In compliance of the order dated 31.5.2000, the petitioner deposited the said amount of Rs.33000/- on 29.6.2000. A receipt was also issued. The name of the petitioner was thereafter mutated in the House Tax Register and the petitioner started depositing the house tax of the said property.

(3.) It appears that the matter remained pending as no further order was thereafter passed by the Lucknow Nagar Nigam. On 4.7.2012, the Sahayak Nagar Ayukt (Rent) wrote a letter to the petitioner informing him that remaining 75% amount, i.e., Rs.99,000/-, is yet not deposited by the petitioner and the same should be deposited at the earliest. In compliance thereof, the petitioner deposited the remaining amount of Rs.99000/- also and a receipt for the same was also issued in favour of the petitioner. No further action was taken by the respondents thereafter.