R.V.Rai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2373 of 2017 • R.V.Rai S/o Late B. Rai, Aged About 58 Years, Posted As Lecturer, Government Higher Secondary School, Bardar, Block Balrampur, District Balrampur Ramanujganj Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, New Raipur, P. S. Rakhi, District Raipur Chhattisgarh

2. The Collector, District Balrampur - Ramanujganj Chhattisgarh

3. The Sub - Divisional OfÏcer, ( Revenue ) Ramanujganj, District Balrampur - Ramanujganj Chhattisgarh

4. Amrendra Singh, Posted As Additional Tahsildar, Ramanujganj District Balrampur - Ramanujganj Chhattisgarh ---- Respondent For Petitioner Mr. Rahul Mishra, Advocate For Respondent /State Mr. R. Tripathi, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/5/2017

1. Heard.

2. The petitioner is a Lecturer-cum-Incharge Principal at Government Higher Secondary School, Bardar, Block Balrampur. Earlier, during his posting at Ramanujganj, he was alloted the subject Government Quarter near Block Colony, however, the petitioner has allegedly unauthorisedly occupied the said quarter despite his transfer to Bardar. The present impugned order- Annexure P/1 has been passed by the SDO(R),

Ramanujganj directing the petitioner to vacate the Government Quarter at Ramanujganj.

3. It is argued that the petitioner is staying at Ramanujganj and is assigning duties at Bardar, which is 28 km from Ramanujganj, therefore, the allegation that the petitioner is not staying at Ramanunjganj is not correct.

4. Considering the entire facts' situation of case, it appears, the Collector, Balrampur-Ramanujganj should look into the matter and address the petitioner's grievance.

5. Let the petitioner prefer a representation before the Collector, Balrampur-Ramanujganj within a period of 15 days from today. On such representation being filed, the concerned Collector shall make enquiry as to whether the petitioner is staying at Ramanujganj or Bardar. The Collector shall, thereafter, decide the representation, on its own merits, within a period of 10 weeks from the date of its submission.

6. For a period of 03 months from today, the impugned order shall remain stayed. However, immediately after 03 months, the petitioner shall vacate the quarter, if the Collector, BalrampurRamanujganj passes any adverse order against him

7. The writ petition is accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna,