The writ petition will not be served by the Court after the allotment of accommodation: High Court of Shimla

 Hig h C o urt of H.P on 24 04 HCHP IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLACOPC No. 721.Decided on : 24 th April 2021.Dr. Rattan Singh...Petitioner. VersusSh. Suneel Sharma & another ....Respondents. Coram:The Hon’ble Mr. Justice Sureshwar Thakur Judge.Whether approved for reporting 1 For the Petitioner:Mr. Parkash Sharma Advocate.For the Respondents: Mr. Surender Verma Advocate. Sureshwar Thakur Judgewhichwas recently vacated by Prof Laxman Singh Thakur. Inthis context it was also fond that the said residentialaccommodation i.e. Set No.22 needs to be renovated inorder to make it habitable as per report of the ExecutiveEngineerDivn. II dated 11.08.2020.After detailed discussion the Committeeunanimously decided that the matter of the petitioner Dr.Rattan Singhl will be duly considered as per rules in orderof his seniority amongst the other eligible applicants asand when the next meeting of the Committee will be heldfor which the petitioner Dr. Rattan Singh is required toapply through proper procedure on the proforma forchange of accommodation.”3.A conjoint perusal of the afore consideration order and resultant thereto proceedings drawn by the House…2… Hig h C o urt of H.P on 24 04 HCHP Allotment Committee the relevant portion whereof standsextracted hereinabove clearly personify that the residentialaccommodation as now available with the House AllotmentCommittee for allotment to the applicants concerned is underrenovation. Necessarily the afore consideration order did notmake any peremptory direction(s) upon the respondents toensure allotment of the available vacant accommodation if any vis a vis the applicant and also it did not cast any obligation upon the respondents to dehors the relevant rules makeallotment of the afore accommodation to the petitioner ratherwhen the allotment of the residential accommodation to thepetitioner was subject to compliance being meted with the allthe relevant rules thereupon the writ petitioner cannot makeany contention before this Court that the extant available vacantaccommodation be allotted to him. Consequently there is nomerit in the extant contempt petition and it is dismissedaccordingly. However the respondents are directed to ensurethat after completion of the renovation of the extanty available…3… Hig h C o urt of H.P on 24 04 HCHP vacant residential accommodation and also as and when otherthan the afore residential accommodation(s) becomes availablefor allotment to the allottees concerned they shall bearing mindthe seniority of the applicant petitioner herein and henceconsider the petitioner s claim for allotment in accordance withthe relevant rules. All pending applications also stand disposedof. …4… 

Summary: When the allotment of the residential accommodation to the petitioner was subject to compliance being meted with the all the relevant rules, thereupon, the writ petitioner cannot make any contention before this Court that the extant available vacant accommodation be allotted to him. This honorable judgement was passed by High Court of Shimla in the case of Dr. Rattan Singh Versus Sh. Suneel Sharma &amp; another [COPC No. 79 of 2021] by the Hon’ble Mr. Justice Sureshwar Thakur, Judge. The relevant operative portion of the verdict rendered by the Court, upon, stands extracted, the respondents-University were directed, to, within three weeks, convene meeting of the House Allotment Committee and the latter shall consider in accordance with the relevant Rules, the application of the writ petitioner, for his being, granted an accommodation, other than the one, which he was enjoying. The respondents convened the meeting of the House Allotment Committee, and, the proceedings drawn in the afore meeting were extracted here in after. The committee thoroughly examined and verified the relevant record and it was found that there is only one Type-IV residential accommodation vacant in the Teachers’ Colony (40 Flats), which was recently vacated by Prof Laxman Singh Thakur. In this context it was also found that the said residential accommodation needs to be renovated in order to make it habitable as per report of the Executive Engineer. After detailed discussion, the Committee unanimously decided that the matter of the petitioner would be duly considered as per rules in order of his seniority amongst the other eligible applicants as and when the next meeting of the Committee would be held for which the petitioner is required to apply through proper procedure on the proforma for change of accommodation.” The court opinioned that, “It clearly personify that the residential accommodation as now available with the House Allotment Committee, for allotment to the applicants concerned, is under renovation. Necessarily, the afore consideration order, did not make, any peremptory direction(s), upon, the respondents to ensure allotment of the available/vacant accommodation, if any, vis-a-vis, the applicant, and, also it did not cast any obligation, upon, the respondents, to dehors the relevant rules, make allotment of the afore accommodation to the petitioner, rather when the allotment of the residential accommodation to the petitioner was subject to compliance being meted with the all the relevant rules, thereupon, the writ petitioner cannot make any contention before this Court that the extant available vacant accommodation be allotted to him.”