IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 11652 of 2008. Date of decision: 01.06.2011. _______________________________________________________ Basant Singh. ….. Petitioner. Versus H.P.S.E.B. & Ors. …. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. B.S.Ranjan,Advocate. For the Respondents : Ms. Anjula Khajuria, Advocate. Kuldip Singh, Judge (Oral) The petitioner has assailed the letter dated 21.07.2004 Annexure PA vide which he was directed to get the issue settled from appropriate authorities regarding the recoveries of house rent. The petitioner has also challenged Annexure PB dated 15th July, 2004 vide which a demand of ` 27,856/- has been raised on account of retention of house by petitioner beyond the permissible limits which was allotted to the petitioner. 2. The respondents in the reply have stated that petitioner failed to vacate the house up to 17.07.2004. He was in an unauthorized occupation of the Board’s accommodation. The petitioner was liable to pay penal rent amounting to ` 23,534/- for the period 01.05.2004 to 17.07.2004. It has been stated that an amount of ` 10,983/- has already been recovered from the salary of the Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2 petitioner and balance amount of `12,551/- was still payable when the reply dated 09.12.204 was prepared. 3. The learned counsel for the petitioner has submitted that as per his instructions more amount has been recovered from the petitioner out of the remaining balance amount of ` 12,551/-. However, learned counsel for the petitioner is not in a position to give the details of such recoveries. It is not necessary to give further details. The learned counsel for the petitioner has not disputed that the petitioner over stayed in the premises which was allotted to him by the Board. The grievance of the petitioner is that Board has not considered his request for extension of time, rather the request was considered by the House Allotment Committee. It has been submitted that it was for the Board to consider the request of the petitioner for extension of time for retaining the premises. 4. The respondents have placed on record letter dated 20th June, 2004 of the petitioner in which he had requested for retaining the premises from 01.05.2004 to 31.12.2004 on account of illness of his wife and old age of his mother. The request of the petitioner for retention of the house was considered by the House Allotment Committee in its meeting dated 12.07.2004 and was rejected. The petitioner has not assailed the decision of the House Allotment Committee dated 12.07.2004. It is the stand of the respondents that the House Allotment Committee is the ultimate body to take the decision in such matters and Board has nothing to do with the allotment of the house. 3 5. It has come on record that Board has already recovered ` 10,983/- from the petitioner and as per the stand of the Board only an amount of ` 12,551/- is recoverable from the petitioner. The petitioner has only challenged Annexure PB which is a demand raised in view of over staying of the petitioner in the premises. The letter Annexure PA is only advisory in nature directing the petitioner to get the matter settled at an early date. The petitioner has not challenged the main decision dated 12.07.2004 of the House Allotment Committee. Therefore, no relief can be granted to the petitioner. However, petitioner is at liberty to make an appropriate representation to the appropriate authority and in case such representation is made by the petitioner, then the appropriate authority shall consider and decide the representation of the petitioner keeping in view that after the decision of the House Allotment Committee, the petitioner vacated the house, he wanted to retain the house keeping in view the illness of his wife and old age of his mother. It has been submitted that petitioner has already retired from service. The petition stands disposed of on above terms. June 1, 2011. (Kuldip Singh), ( krt) Judge.