IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1641 of 2008 (M/S) Ram Prasad S/o Dubbar Yadav R/o Military Farm, Dehradun Cantt. Dehradun. . Petitioner ...………… [ Versus 1. Officer in Charge, Military Farm, Dehradun Cantt. 2. Deputy Director General Military Farm, Army Head Quarter, III Block, R.K. Puram, New Delhi. ...…………. Respondents Mr. Mohinder Singh Bisht and Mr. Anil Dabral, Advocates for the petitioner. Mr. Hari Mohan Bhatia, Advocate holding brief of Mr. Arvind Vashistha, Asstt. Solicitor General for Union of India for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this writ petition, the petitioner has sought writ in the nature of certiorari, quashing the impugned order / notice, copy of which is Annexure –1 to the writ petition, wherein it is mentioned that the petitioner is un-authorizedly occupying the quarter of Military Dairy Farm at Dehradun. A mandamus has also been sought directing the respondents not to evict the petitioner from the allotted quarter, except by due process of law. 2 3) Admittedly, the petitioner who was a Class IV employee of Military Dairy Farm and occupying the quarter allotted to him has been transferred in January 2008, to Indian Military Academy, Dehradun. As such, the petitioner could not show his right to occupy the quarter allotted to him by the Military Dairy Farm. However, since the petitioner has alleged that his children are studying and in mid session it is difficult for him to vacate the premises, this Court thinks it just and proper to dispose of this writ petition by directing the respondents to consider the representation made by the petitioner (copy of which is Annexure –2 to the writ petition) regarding seeking time to vacate the premises after this academic session of his children is over. 4) Accordingly, the writ petition is summarily disposed of directing the respondents to consider and dispose of the representation dated 19.08.2008, made by the petitioner (copy of which is Annexure –2 to the writ petition) regarding permission to vacate the premises at the end of this academic session of his children. (Stay Application No. 6048 of 2008 also stands disposed of). (Prafulla C. Pant, J.) [ Dt. September 17, 2008. H.Negi