Rajendra Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1126 of 2018 ====================================================== Rajendra Pandit, Son of Late Sukkan Pandit, resident of- Raod No 28 Quarter No C/2 Gardani Bagh, P.S.- Gardani Bagh, District- Patna, Bihar. ... ... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Govt. of Bihar.

2. The Chief Secretary, Govt. of Bihar.

3. The Principal Secretary, Department of Building Construction, Government of Bihar, Patna.

4. The Estate Officer/ Bhu Sampada Padadhikari, Department of Building Construction, Government of Bihar, Patna.

5. The Chief Engineer, Building Construction Department, Government of Bihar, Patna.

6. The Superintending Engineer, Building Construction, South Bihar Circle, Punaikchak, Building Construction Deptt. Government of Bihar, Patna.

7. The Executive Engineer, Building Construction, Gardanibagh Division, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh, Adv.

Ms. Sudha Chandra, Adv.

For the Respondent/s :

Mr. Rajeev Shekhar (AC to GA-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 18-06-2018 Heard learned counsel for the parties.

In the present case, the petitioner is challenging the Memo No. 9666 (M) dated 01.11.2017 issued by the Estate Officer Building Construction Department, Govt. of Bihar, whereby and whereunder, he has directed the petitioner to vacate the quarter situated at Gardanibagh to Shastri Nagar on account of policy decision taken by the State to demolish the dilapidated quarters of Class-3 and Class-4 employees and to bring new housing colony for them.

In the present writ application, the submission has been made that the Estate Officer, who has asked the petitioner to shift from

Patna High Court CWJC No.1126 of 2018 dt.18-06-2018 2/2 Gardanibagh showing the quarter inhabitable for human-being is not correct, whereas the petitioner is staying in the quarter since long and he does not face any trouble whereas, the Shastri Nagar area, where he has been allotted, is not fit for human living on account filth as well as bad drainage system.

Learned counsel for the State has drawn attention of this Court towards letter dated 16.01.2018, wherein it has been stated that if the employee is not satisfied with the new place of accommodation, he can go for private arrangement and the Government will pay the rent in accordance with law.

Learned counsel for the petitioner submits that sufficient time should be given for getting proper accommodation in the private house and he will shift accordingly.

Looking to the entire facts and circumstances, let the petitioner should vacate the quarter within a period of four weeks from today and if the petitioner go for private arrangement, he will be paid the rent in accordance with law.

With the aforementioned observation, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.06.2018 Transmission Date NA