Randhir Singh @ Randhir Kumar Singh v. State of Jharkhand through the Chief Secretary
2020-10-21
RAVI RANJAN, SUJIT NARAYAN PRASAD
body2020
DigiLaw.ai
JUDGMENT : 1. With consent of the parties, hearing of the matter was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality. 2. It is contended on behalf of the appellant that all the defects except defect no. 9 have already been removed. So far defect no. 9 is concerned, it is ignored tentatively. 3. The instant intra-court appeal is directed against part of the order dated 30.09.2020 passed by learned Single Judge of this Court dismissing writ petitions being W.P. (C) No. 1961 of 2020 filed for quashing and setting aside the decision of the authority as contained in Notification No. 587(Bha.)/Ranchi dated 21st May, 2020 whereby House No. E-6, Sector-II, HEC, Dhurwa, Ranchi has been allotted to the writ petitioner/appellant – Randhir Singh, inasmuch as the premises in question has been illegally occupied by a senior police officer of the State Government and further on the ground that the writ petitioner/appellant is entitled to F-type accommodation as also for issuance of further direction to quash and set aside the order as contained in Letter No. 72 dated 3rd July, 2020 passed by the Sub Divisional Officer (Sadar), Ranchi - Respondent No. 3, whereby the writ petitioner/appellant has been asked to vacate F-type accommodation i.e. Pashupalan Bhawan, Doranda, Ranchi which was allotted to him being the Minister in the erstwhile State Government. 4. The factual background of the case is that the writ petitioner/appellant – Randhir Singh, was a Minister (Department of Agriculture and Sugarcane Development, Government of Jharkhand) in the erstwhile Bhartiya Janta Party (B.J.P.) Government and F-type accommodation i.e. Pashupalan Bhawan, Doranda, Ranchi was allotted to him vide Building Construction Department’s Order No. 40 dated 09.03.2015 in terms with the Jharkhand Government Premises (Allotment, Rent, Recovery and Eviction) Act, 2002, hereinafter to be referred as “the Act, 2002” and the Jharkhand Government Premises (Allotment, Rent, Recovery and Eviction) Rules, 2004, hereinafter to be referred as “the Rules, 2004.” The writ petitioner/appellant has been re-elected as a Member of Legislative Assembly from Sarath (Deoghar) Legislative Assembly Constituency in Jharkhand Legislative Election, 2019 on the symbol of B.J.P. After getting re-elected, the writ petitioner/ appellant wrote a letter to the Chief Minister on 7th January, 2020 for allotment of Qr. No. F-50, Sector-III, Dhurwa, Ranchi.
No. F-50, Sector-III, Dhurwa, Ranchi. On 5th February, 2020, a meeting of Gazetted House Allocation Committee was held under the Chairmanship of the Chief Minister, who also happens to be the departmental minister of the Building Construction Department, Government of Jharkhand. In the said meeting a decision was taken for allotment of house to the Ministers/MLAs, in pursuance of which, Notification No. 275(Bha.)/Ranchi dated 14.02.2020 was issued and the writ petitioner/appellant was allotted House No. E-104, Sector-II, HEC, Dhurwa, Ranchi. The aforesaid quarter was found to be in dilapidated condition and as such the writ petitioner/appellant vide letter dated 17.02.2020 requested the Secretary, Building Construction Department, Government of Jharkhand – Respondent No. 2, to either allot House No. F-50 or F-49. Thereafter, the writ petitioner/appellant was re-allotted House No. E-6, Sector-II, HEC, Dhurwa, Ranchi but the writ petitioner/appellant came to know that the said premises was illegally occupied by a senior police officer, who was allotted the ground floor of the same building. The aforesaid fact has been brought to the notice of the Chief Minister vide letter No. 100 dated 02.06.2020 requesting inter-alia therein to allot him F-type accommodation as similarly situated Ex-Ministers were allotted F-type accommodation and even an MLA, who was elected for the first time, was also allotted F-type accommodation. The aforesaid grievance having not been redressed, writ petition has been filed before this Court being W.P. (C) No. 1961 of 2020. The learned Single Judge has considered the stand inter alia taken by the State respondents in their counter affidavit wherein on the issue of occupation of re-allotted Qr. No. E-6, Sector-II, HEC, Dhurwa, Ranchi, learned Advocate General has submitted that the said police officer has been allotted the ground floor of the said building and since the first floor was vacant, the said floor was being utilized temporarily where he has kept some household items which were not removed. It has further been submitted that a boundary wall has been erected inside the premises to segregate the first floor from the ground floor for providing an arrangement of separate entrance for the writ petitioner/appellant.
It has further been submitted that a boundary wall has been erected inside the premises to segregate the first floor from the ground floor for providing an arrangement of separate entrance for the writ petitioner/appellant. The learned Single Judge, in view of the aforesaid factual position, has directed the writ petitioner/appellant to vacate the occupied premises i.e. Pashupalan Bhawan, within a period of two weeks from the date of the order with further direction to the respondent-State to provide vacant and peaceful possession of the premises in question (Premises No. E-6, Sector-II, HEC, Dhurwa, Ranchi) to the petitioner which has been allotted to him vide impugned notification no. 587 (Bha.) dated 21st May, 2020. 5. The present appeal has been preferred by the appellant against the order passed by the learned Single Judge particularly against the direction for vacating the premises within two weeks, debarring the appellant to approach the appellate authority constituted in terms of the Act, 2002. 6. Mr. Rajiv Sinha, learned Senior counsel appearing for the writ petitioner/appellant, assisted by Mr. Rohit Sinha, in course of argument has submitted that during the pendency of the instant appeal, F-type quarter has been allotted in favour of the writ petitioner/appellant being Executive Engineer Quarter, P.H.E.D. Colony, Hinoo in place of earlier allotted quarter being Qr. No. E-6, Sector-II, Dhurwa, Ranchi but since it has been occupied by Smt. Joba Manjhi, a Minister in the present Government, he is not in a position to shift from Pashupalan Bhawan, Doranda, Ranchi to the newly allotted quarter i.e. F-type quarter situated in P.H.E.D. Colony, Hinoo and as such, prayer has been made to issue appropriate direction upon the competent authority of the State Government to provide possession of the newly allotted quarter situated at P.H.E.D. Colony, Hinoo so that he may immediately shift to the aforesaid quarter. He further submits that if said grievance would be redressed, he will not press the instant appeal. 7.
He further submits that if said grievance would be redressed, he will not press the instant appeal. 7. Learned Advocate General representing the State of Jharkhand, in course of hearing itself has obtained telephonic instruction from the concerned authority about factual position with respect to occupation of the newly allotted quarter in favour of the writ petitioner/appellant situated at P.H.E.D. Colony, Hinoo and submitted that the quarter is in occupation of Smt. Joba Manjhi, a Minister in the present Government but he has submitted before this Court that immediate step would be taken for vacation of the aforesaid quarter from the possession of Smt. Joba Manjhi. 8. In view of the undertaking having been furnished by the leaned Advocate General to provide the vacant possession of the newly allotted F-type quarter situated in P.H.E.D. Colony, Hinoo, this Court deems it fit and proper to dispose of this appeal with a direction upon the State Government to forthwith provide the vacant possession of the aforesaid quarter in favour of the writ petitioner/appellant. The competent authority of the State Government is directed to communicate about the vacation of the F-type quarter situated in P.H.E.D. Colony, Hinoo to the writ petitioner/appellant immediately on its vacation. The writ petitioner/appellant is directed to vacate the already occupied premises i.e. Pashupalan Bhawan, Doranda, Ranchi within a week from the date of handing over the possession of F-type quarter situated in P.H.E.D. Colony at Hinoo, Ranchi. 9. With these observations and directions, the instant appeal is disposed of. 10. Pending Interlocutory Applications being I.A. No. 5558 of 2020 and I.A. No. 5559 of 2020 also stand disposed of.