IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5907 of 1990 WITH CIVIL APPLICATION NO. 759 OF 1994 For Approval and Signature: HON'BLE MR.JUSTICE AKIL KURESHI ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- RAMANBHAI DURABHAI SOLANKI & OTHERS Versus ADMINISTRATIVE OFFICER -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 5907 of 1990 MR RN SHAH for Petitioner No. 1-30 MR ND GOHIL, ASSTT.GOVERNMENT PLEADER for Respondent No. 1,3 RULE SERVED for Respondent No. 2,4 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE AKIL KURESHI Date of decision: 05/10/2004 ORAL JUDGEMENT This petition is filed by the petitioners praying for the following reliefs:- "(B) - Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any appropriate writ, direction or order, directing the respondents, its servants and agents not to recover House Rent Allowance from the petitioners by holding that the land upon which the petitioners are residing was acquired for the benefit of Bhangis community and they have became owners and in the alternative be pleased to issue a writ of mandamus or any appropriate writ, direction or order, directing the respondents its agents and servants to allot the quarters upon which the petitioners are residing on permanent ownership basis, and/or to adopt hire purchase scheme and to make them owners as provided by the Baroda Municipal Corporation with regard to the employees-sweepers serving with the Baroda Municipal Corporation." The Counsel for the petitioners has fairly submitted that the prayer was based substantially upon the belief of the petitioners that the land on which the quarters are situated was acquired for the benefit of the Bhangi community and therefore, they had become owners of the land in question. However, in the affidavit-in-reply filed by the respondent No.3 it is clearly brought out that survey Nos. 403 and 404 on which staff quarters are constructed, were being constructed by Public Works Department and the said quarters were allotted to the employees working in SSG Hospital. The petitioners are not in a position to controvert this assertion of the respondents contained in the affidavit-in-reply. In view of this factual background, the prayer for the petitioners cannot be granted. The Counsel for the petitioners however, has submitted that all the petitioners are working on Class-IV posts and they have been residing in the quarters allotted to them since number of years. Upon the retirement, the petitioners would be forced to vacate the premises and they have no other alternative accommodation to put up their families. He therefore submitted that if there is any scheme for hire purchase covering the petitioners, the Government be directed to give benefit of the same to the petitioners. For want of specific pleadings in this regard, learned Assistant Government Pleader is unable to state off hand whether there is any scheme for hire purchase of residential quarters applicable to the petitioners. However, considering the situation of the petitioners, it is directed to the Government that in case there is any hire purchase scheme applicable to the petitioners, disposal of this petition should not come in the way of the petitioners receiving benefits of the same. It is therefore directed that the respondents herein shall consider whether there is any scheme for hire purchase of the quarters in question covering the petitioners and will take a decision sympathetically in this regard. With these directions, the petition is disposed of. Notice is discharged. In view of the above order, Civil Application does not survive and the same is disposed of accordingly. (Akil Kureshi, J.) */Mohandas