IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 252 of 2009 Date of Decision: 22.12.2009 Jagdish Chandra Joshi ……… Appellant Versus State of Uttaranchal and three others ……… Respondents Coram : Hon’ble J.S. Khehar, C.J. Hon’ble B.C.Kandpal, J. Present: Ms. Bina Pande, Advocate for the appellant. Mr. J.P. Joshi, Advocate for the respondents. J.S.Khehar, C.J. (Oral) Through the instant special appeal, the appellant has impugned the order passed by a learned Single Judge of this Court, disposing of Writ Petition (S/S) No. 1208 of 2009, vide order dated 18.12.2009. 2. It is the contention of the appellant/petitioner, that he is a Forest Guard posted at Surai Range of Forest Division, Haldwani. It is submitted, that in the discharge of his duties, he has to live in the forest, where his family cannot reside. Accordingly, to house his family, he had been allotted a governmental accommodation at Nainital. Suddenly, on 17.11.2009, he was ordered to vacate the aforesatated governmental accommodation forthwith. The instant action at the hands of the authorities, according to the learned counsel for the appellant, has resulted in extreme hardship to the appellant, inasmuch as, it is not possible for the appellant to find 2 alternative accommodation immediately. Additionally, it is pointed out, that one of the children of the appellant is studying in class 10+2 and is to take board examinations in March 2010, and as such, the appellant should be allowed to retain the government accommodation allotted to him atleast upto 31.03.2010. 3. The sequence of the facts narrated in the pleadings, as also contained in the order passed by the learned Single Judge reveal, that the appellant has been asked to move out of the governmental accommodation assigned to him on account of the fact, that Canton Lodge (a building other than the governmental accommodation assigned to the appellant) is to be handed over by the Forest Department to the High Court of Uttarakhand at Nainital. So as to shift the effects from Canton Lodge to the governmental accommodation assigned to the appellant, he has been ordered to vacate his residential accommodation by the impugned order dated 17.11.2009. 4. During the course of deliberations, we summoned the Registrar General of this Court and inquired from him the time which it would take the High Court to start effecting constructions on the plot of land, presently housing Canton Lodge. He informed this Court, that architectural plans had been submitted and they are likely to be received in the near future, whereupon an estimate would be prepared and furnished to the State Government for release of funds. Thereupon tenders would be invited for effecting constructions on the plot, where Canton Lodge is presently built. This, according to the Registrar General, should take atleast three months. 5. In the facts and circumstances narrated above, we are satisfied, that the shifting of appellant from the residential accommodation assigned to him can easily be deferred till 3 31.03.2010. This proposition is also acceptable by the learned counsel representing the respondents. 6. In view of the above, the appellant shall continue to reside at the governmental accommodation allotted to him till 31.03.2010. Charge thereof should be handed over to the Forest Department by the appellant before 01.04.2010, failing which the appellant would not only be liable to be criminally prosecuted, but would also make himself liable to be prosecuted under the Contempt of Courts Act, 1971. 7. Despite the instant order passed by us, it is necessary to notice, that this order shall not interfere in the directions issued by this Court to the respondents to vacate Canton Lodge. 8. The instant special appeal is allowed in the aforesaid terms. ( B.C. Kandpal, J. ) (J.S. Khehar, C.J.) 22.12.2009 P.Singh