s^ fflGH COURT OF TUDICATURE, CHHATnSGAKH AT BILASPUR Writ PeUtion No. 2318 of 2W3 nONER: RESPONDENTS: A. R Yadav, S/o Uma Prasad Yadav, aged about 58 years/ Workmg as Sub Divisional Officei, Hansdeo RightBank Canal, Sub-Dh'ision No.5, Jarve, District- Janjgir Chanpa (C.G.). Versus 1. StateofCMiattfegarh, Through the Secretary, IrrigaUon Department, Mantralaya, D.K.S. Blmwan, Shastri Chowk,Raipur (C.G.) 2. Executive Brigineet, Minl Mata Bango Babandh, Diyision-H, Cha^ipa, District- Jaqgh' Chanpa (C.G.) 3. SubDivisional Officer, (Revenue) Janjgir Chanpa, District-Jaiqgir Chanpa (C.G.) M!l POOTFOR ORDBR QN 28thAugust, 2003 A sa/-- L.C.Bhadbo l Judge j 27th August, 2003 * ,L.-4i- !.'"!-1 l!ij; Pl mGH COLTIT OF TUDICATURE, CHHATTISGAKH AT BILASPUK WritPetitionNo. 2318 of 2003 aONER: RKPONDENI5: A. R Yadav, S/o Uma Prmad Yadav, aged about 58 years, Working as Sub Divisional Officer, Hansdeo RightBank Canal, Sub-Division No.5, Jarve, District-Jaiqgir Champa (C.G.). ^ Versus State of CbAattisgarh, Through Ae Secretary, biigatlon Department, Manfa'alaya, D.KS. Bhawan, Shastri Ghowk, Raipur (C.G.) Executive Engineer,i Mini Mata Bango Babandh, Division-II, Champa, Disfa'ict- Janjgir Champa (C.G.) Sub Divisioiul OfiBcer, (Revenue) Janjgii Cliampa, District- Janjgir Champa (C.G.) d9 •w-' ShiiVmayPandey;Advocate: . For fhe Before; Hon'ble Mr. Justice t.C. Bhadoo, J. ORDER (Passed on 2Sa> Augsut, 2(XB) 1. By tfus petition under Arddes 226/227 of the Constitution ^of India the petitioner lias chalenged the action of fhe respondents in issuing the orders contamed in Annexures P/4, P/6 and P/8 whereby the petitionei has begn asked tovacatetheGovt liouseP^situatedatChaaipa. I 2. The peattoner is working as S.D.O. in Irrigation Department and presei|ri3y| posted atJaive.His case is thatfhe aforesaid house was aUotted to him on|ihe ground bfhfe health for medical treatnient His fuithei CQirtention is thationlyi ^. one yeaf and. 11 montha period u left foi him to, •attamj the,;age superamiuation The hoiise in question was allotted to him on 5.8.1998 iAi(lgri ii!;ll Nlil ^ ':(' ;!? ii: Annexure P/l and vide Annexure F/2 the Superintending Engineer of Hap^deo Pariyojna directsd fhe Resppndent No.2 Aough tlie petitioner is posted atjaive buthebe aUowed to continue and retain fte house atChampa. The petitionei is undergoing medfcal treatment asd at the time ofemeigenc^ the house in question is requiied for tfae use ofthe petitioner. 3. Vide Annexure P/4 dated 19.9.2002 the Respondent No.3 mformed the petitioner to vacate fhe house within a period of 15 days. The petttioner made a [ representation Annexure P/5 mentioning theiein fliat the otiier officeiswho are working 70 to 80 k.m. away, they are lesiding at Champa buton acGountofbias of flie Executive Engineer fhe pefitioner is beiiig asked to vaeate the house aild ultimatefy on 26.5.2003 Annwure P/6was issued dndei tiieprovisions of Lok Parisar (Bedakhli) Adhimyam, 1974 wluch is illegal and arbitraiy. The petitioner made a representafion Annexure P/7. Under the circumsiances the petitioner is entitled io continue in the house in question on tlie gi'ound of medical freatment and also on fhe ground Aat other officers are also occupying Govt accommodation in the Irrigation Coldny, Champa who are posted at distinct places hi coinparison to fhe petitioner. 4. I have heaid learnedcounsel for the petitionto, 5. It is not disputed that the petitioner is presently posted at Hansdeq Bango Pariyojna atjarve and the house in question was allotted to the petitioher in fhe year 1998. The petitioner is not posted at Champa, therefore as ofright he is not entitied to retain tfae Govt Accommodation because his headquaiter is ffitjaree. 6. Now coming to the question of trealnlent, as the petitioner is EerfoiM&ig liis duties, theretbre no question of having house at Champa arfees on the ifiedical giound. More over fhe petitionfii is occugyiiig fhathousesmcelastfivejears. 7. The only question wtnchis in&Yourioflhe petitionfif.is tfaatifoSifirKp&fiES, i-ij] l.,.l-l^ whoara posted outof Clian$a are afflowed te letain fhe house3nlrfigati@n Colony thea the question comieswliy;the petitkinCT is not tieiii^all^'ed |tQ; retaili the house in question. But this cannot create a right in favom' of the petitioner. The petitionei hasalieady niade a representation to the CoUector tftat on account of bias of tfae Executive Engineer tius action is taken against Irim. The petitioner is aUowed ta make a representation witiun a period oflO days from bxlay to (he Collector, Distncl-Jaqgii Champa for his considerationl tliat otlier officers who are posted out ofChampa are also occugying fhe Govt house then why the petitioner is being asked to vacaie the house. Secondly if the houses are akeady lying vacant in the Irrigation Colony and tfae ofBcers who are posted at Cliampa are not inteiested in taking tfie Govt. Accoiiuiiodation then tliere is no point in askmg the petitioner to vacate the house. Afler receipt of such representation the CoUector, Dfatrict- Janjgir Champa will decide the same in an objective mamier by an appiopriate order | withiil a period ofl5 days from tlie date ofreceipt of flie repiesentation and tlie order offlie CoUeGtor wfll be final. With the above observation this petition stands disposed of finaUy, Coiisequently, tlie appUcations M(W)P 2124/20(8 and I.A.No.7157/2003 also disposed of. ~S5l^ L.C.Bhadbo Judge r^