WPC/2259/2012 of Gajendra Singh Thakur Vs State Of Chhattisgarh and Ors on 27 December 2012

1. < State of Chhattisgarh, Through -TheSecretary,HomeDepartment,Mantralaya, New Raipur, Distt. Raipur-(c.e.)TheSecretary,HomeDepartment,Mantralaya, New Raipur, Distt. Raipur-(c.e.)

Respondents

2. Deputy Inspector General of Police <&SeniorSuperintendentofPolice,Raipur,CollectorateParisarRaipur(C.G.)SeniorSuperintendentofPolice,Raipur,CollectorateParisarRaipur(C.G.)

3. CompetentAuthority,LokParisarBedakhaliAdhiniyam1974<&SubbivisionalOfficer(Revenue)RaipurPolice Station Gote Bazar Raipur P.0.Raipur, bistrict - Raipur-(C.G.)BedakhaliAdhiniyam1974<&SubbivisionalOfficer(Revenue)RaipurPolice Station Gote Bazar Raipur P.0.Raipur, bistrict - Raipur-(C.G.)

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WRITPETCTCON UNt^ER ARTICLE ^26/OF THE CONSTITUTION

OFINDIA

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HIGH COURT OF CHHATTISGARH: BILASPURSINGLE BENCH: HON'BLE PRASHANT KUMAR MISHRA, J

W.PfC). 2259 of 2012

PETITIONER

Gajendra Singh ThakurVs.

RESPONDENT:

State of Chhattisgarh & others

Present:

Mr. Shrawan Agrawal, Counsel for the PetitionerMr. Arun Sao, Govt. Advocate, for the State on advance copy.

ORAL ORDER(27.12.2012)

1. In this writ petition filed under Article 226 of the Constitution of India,the petitioner has challenged the order dated 15.10.2012 (Annexure P-1)wherebythecompetentauthorityundertheLokParisarBedakaliAdhiniyam, 1974 (for short "Adhiniyam 1974") has directed the petitioner'seviction from residential quarter in his possession.It appears that thepetitioner is posted at a different place in Distt. Gariyaband which accordingto him is a Naxal affected area and he has retained the quarter allotted tohim at Raipur compelling the concerned authority to move applicationbefore the competent authority under the Adhiniyam, 1974.

2. Learned counsel for the petitionerwould submit that by viri:ue ofCircular dated 16.11.2004 (Annexure P-3) petitioner is entitled to retain thequarter allotted to him at the previous place of posting and for this theimpugned order deserves to be quashed.

3. Having perused the contents of the writ petition, more particularly,the document (Annexure P-3), it appears to this Court that there is nothingin the order (Annexure P-3) which mandates the Government to provideaccommodation to police personnel posted in the Naxal affected areas atthe place of his choice or at the previous place of posting.If noaccommodation is provided to him, he is entitled to house rent allowance as^perthe language ofthe document (Annexure P-3).

'Rao

4. Learned counsel for the petitioner would admit that the father ofpetitioner was posted at Raipur for 10 to 15 years and his father died inharness, therefore the petitioner got compassionate appointment as suchhe is in occupation ofthe accommodation since then.

5. For the foregoing, this Court is not convinced with the argument thatthe petitioner is entitled to remain in occupation of the concerned residentialquarter allotted to him at Raipur. No case for interference is made out. Thewrit petition is accordingly dismissed.

6. However,if thepetitionersubmitsanundertakingbeforetheallotment officer within 15 days from today to the effect that he shall vacatethe premises immediately after the end of the academic session i.e., by 30of April, 2013, the order of eviction shall not be acted upon during thisperiod. However, if he fails to submit undertaking within the aforesaid periodof 15 days, the authority would be entitled to execute the eviction order afterexpiry of 15 days.

7. Accordingly, I.A.No.3 for hearing the case during winter vacation andI.A.No.2 for urgent hearing stand disposed of.

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C.c. today.

Sd/-Prashant Kumar MishraJudge