IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13049 of 2010 AWADHESH PRASAD SHARMA. Versus THE STATE OF BIHAR & ORS ----------- 02. 13.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The submission is that the petitioner is a Government servant. The quarter in question was allotted to him in regular course by order dated 20.3.2009. The allotment order does not state that it was an ad-hoc appointment. The impugned order, therefore, cannot subsequently re-designate the nature of the allotment. The petitioner is due for superannuation on 31.1.2012. The petitioner is a member of the Bihar Administrative Service and is also entitled to the allotment of ‘D’ category Quarter. The impugned order describes the allotment as ad-hoc. The allotment order dated 20.3.2009 does not say so. The petitioner is being asked to vacate, so that the Quarter may be allotted to another Government servant, who is residing in a rented accommodations. The petitioner is stated to have been represented on 5.8.2010. Permission is granted to supplement the representation, if so advised. Let the petitioner represents before the 2 District Magistrate, supporting his claim of a regular allotment and entitlement of ‘D’ category Quarter in accordance with the Rules regulating allotment of Quarters. No arguments have been addressed from any Rules regulating allotment of Quarter. Needless to state that, if the petitioner is entitled to the allotment as per Rules, he cannot be asked to vacate in favour of those, who may be occupying rented accommodations elsewhere. He cannot be asked to shift to rented accommodation, except as per Rules. Let the District Magistrate consider and decide the representation of the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order. Till such disposal, the District Magistrate is expected not to take any coercive action so as to render the representation infructuous. The application stands disposed. P.K. ( Navin Sinha, J.)