THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.7202 OF 2001 ORDER: The order under challenge in this Writ Petition is the proceedings of the Assistant Engineer dated 31.03.2001 calling upon the petitioners to vacate the quarters as the said quarters are in a dilapidated condition. The petitioner was further informed that he was liable to pay the arrears of rent and penal rent for the quarters hitherto occupied by him in all for a sum of Rs.35,453/- and that he should pay Rs.1,120/- per month from March, 2001 onwards. The petitioner is a Teacher and not an employee of the Irrigation and Command Area Development Department of the Rayawada Reservoir Project. While it is his case that, on construction of the quarters in the year 1977, the said quarters were allotted to outsiders also, no provision or rule which entitles an outsider to claim a right to continue in the official quarters, of the Department of Irrigation and Command Area Development, has been brought to the notice of this Court. Reliance, however, is placed on para-243 read with 275 of the A.P. Public Works Department Code. The said Code is in the nature of executive instructions, does not have statutory force and, as such, cannot be enforced in proceedings under Article 226 of the Constitution of India {J.R.Raghupathy v. State of A.P.[1] and Union of India v. S.L.Abbas[2]}. The petitioner is not an employee of the Irrigation and Command Area Development Department and, if he desires to stay in such quarters, he has to pay the rent which the government intends to charge, and cannot claim any right to continue to occupy the quarters at a subsidized rent. I see no reason to interfere with the order under challenge more so as it is not referable to any statutory provision or rule and does not confer any right on the petitioner for a mandamus from this Court. The Writ Petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. _______________________ (RAMESH RANGANATHAN, J) 9th December 2010 RRB [1] AIR 1988 SC 1681 [2] 1993 (4) SCC 357