Smt. Rajani Mohan Solanki v. The Senior Manager And ANR.

WP. 3960-17 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 3960 OF 2017 Smt. Rajani Mohan Solanki ...

Petitioner Vs.

The Sr. General Manager, Ammunition Factory & Ors.

...

Respondents *** Mr. R. M. Haridas i/b Nikhil M. Pujari, for the Petitioner. Dr. G. R. Sharma a/w D. P. Singh, for Respondent No. 1. *** CORAM : V. M. KANADE, & C. V. BHADANG, JJ.

DATE : APRIL 12, 2017 PC.

1.

Heard the learned counsel appearing on behalf of the Petitioner and the learned counsel appearing on behalf of Respondent No. 1. Petitioner was allotted quarter in the Ordinance Factory on a temporary basis. Now, the Petitioner is asked to vacate the premises, which were given to her. It is an admitted position that the Petitioner is working in Southern Command, and not with Respondent No. 1, and as such, she is not entitled to the quarter, which was alloted to her in Respondent No. 1's quarters.

2.

It is submitted that the Petitioner's mother is old and other 1 / 2

WP. 3960-17 family members are suffering from various ailments. It is submitted that period of one year may be given to the Petitioner to vacate the premises. On the other hand, the learned counsel appearing on behalf of Respondent No. 1 submitted that Petitioner would be entitled to claim a residential quarter from Respondent No. 2 and she has no right to continue to be in possession of the quarter, which was allotted to her by Respondent No. 1.

3.

We have perused the order of allotment, which clearly mentions that the quarter is allotted to the Petitioner purely on a temporary basis. The Petitioner is continuing to occupy the said premises from 2006.

4.

It is not possible for us to accept the submissions made by the learned counsel appearing on behalf of the Petitioner. We are not inclined to interfere with the decision taken by Respondent No. 1. The Petitioner is given 15 days time to vacate the premises. After 15 days if the Petitioner does not vacate the premises, she may be removed forcibly with the help of police. With this direction, writ petition is dismissed.

Sd/- Sd/- [C. V. BHADANG, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2