Jai Bhagwan v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 21.08.2024 Jai Bhagwan ....Petitioner

Versus

The State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Ved Parkash, Advocate for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, quashing the impugned notices/orders dated 05.08.2024 and 06.08.2024 (Annexures P-3 and P-4), vide which the petitioner has been directed to vacate the Government Quarter No.3 in Canal Colony, Kaithal.

2.

The petitioner was appointed as Peon in the year 2019 in the Irrigation and Water Resources Department on regular basis and residential quarter No.3 was allotted to him in Canal Colony, Kaithal, on 09.06.2020 by the Allotment Committee. Thereafter, the petitioner has been appointed as Assistant Lineman in UHBVN, Haryana on regular basis through proper channel in the year 2024. Thereafter, the petitioner

requested for extension for retaining the said quarter, which was accepted upto 31.07.2024 and vide impugned orders dated 05.08.2024 and 06.08.2024 (Annexures P-3 and P-4), he has been directed to vacate the said premises.

3.

Learned counsel for the petitioner submits that the father of the petitioner is suffering from chronic diseases i.e. diabetes mellitus and cerebrovascular accident (stroke) and he is undergoing treatment from O.P. Jindal Hospital, Jind. His two children are studying in the nearby school and, therefore, it is difficult for the petitioner to vacate the said government quarter, at this stage. Learned counsel for the petitioner further submits that the petitioner is ready to vacate the said quarter within a period of 04 months from today i.e. on or before 20.12.2024, and is also ready to pay all the admissible charges. 4.

Notice of motion.

5.

Mr. Saurabh Mohunta, DAG, Haryana, accepts notice on behalf of the respondents.

6.

Keeping in view the relief claimed by the petitioner, no written statement is required to be filed at this stage. Accordingly, the present petition is disposed of with a direction to the respondents to allow the petitioner to retain the Government Quarter No.3, in Canal Colony, Kaithal, till 20.12.2024, on admissible charges. 7.

The petitioner shall remain bound by the undertaking given before this Court for vacating the said quarter within a period of 04 months from today i.e. on or before 20.12.2024.

8.

In case the said house is not vacated by the petitioner within the stipulated time, the respondents shall be free to take appropriate action against the petitioner, in accordance with law. 9.

Disposed of accordingly.

(NAMIT KUMAR) JUDGE 21.08.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No