Kabita Mohanty v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 17647 OF 2022 Kabita Mohanty ....

Petitioner Mr. Sangram Kumar Singh, Advocate -versusUnion of India and others ....

Opp. Parties Mr. A.K. Parhi, Assistant Solicitor General along with Mr. Satyabrata Panda, CGC

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

20.07.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the notice dated 4th July, 2022 (Annexure-3) issued by the DIG-cum-Estate Officer, Group Centre, CRPF, Bhubaneswar directing vacation of Qrs. No.203 Type-II at Group Centre, CRPF Campus, Bhubaneswar within fifteen days from the date of the order. 3.

Mr. Singh, learned counsel for the Petitioner submits that the husband of the Petitioner was allotted with Qrs. No.203 TypeII at Group Centre, CRPF Campus, Bhubaneswar on 18th August, 2018. As the Petitioner's husband is posted at Jammu and Kashmir, he is entitled to retain the quarters as per Clause-27 of the guidelines for allotment and occupation of family quarters in Central Reserve Police Force, 2015 under Annexure-4. Without considering the same, the impugned notice has been issued to vacate the quarters where the Petitioner along with her children are residing. If the impugned notice is implemented, they will be homeless. He, therefore, prays for setting aside the impugned

// 2 // notice and to allow her to retain the quarters till her husband is posted at Jammu and Kashmir.

4.

Mr. Parhi, learned Assistant Solicitor General appearing for the CRPF submits that he has no instruction in the matter. However, the Petitioner, if so advised, may ventilate her grievance before Opposite Party No.2, who is competent to redress the same. 5.

Taking into consideration the rival contentions of the parties, this Court, without expressing any opinion on the merits of the case of the Petitioner, disposes of this writ petition with a direction that in the event the Petitioner makes an application ventilating her grievances to retain the Qrs. No.203 Type-II at Group Centre, CRPF Campus, Bhubaneswar on behalf of her husband within a period of seven days hence along with certified copy of this order, the Director General of Police, CRPF, New Delhi-Opposite Party No.2 shall do well to consider the same in accordance with law as expeditiously as possible preferably within a period of one month therefrom. Till disposal of such application, if filed within the time stipulated above, the Petitioner shall not be evicted from Qrs. No.203 Type-II at Group Centre, CRPF Campus, Bhubaneswar, if not evicted in the meantime. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks