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2022 DIGILAW 3 (CHH)

Satish Menon v. State of Chhattisgarh

2022-01-03

P.SAM KOSHY

body2022
JUDGMENT : P. SAM KOSHY, J. 1. Aggrieved by the notice of eviction issued by the Deputy Collector respondent no. 2 dated 21.09.2021 the present writ petition has been filed. 2. Today during the course of the argument learned counsel for the petitioner makes a prayer that petitioner may be permitted to retain the said quarter for just another three months' time till 31.03.2021 by which time the academic session of the children would get over as they are undergoing their studies in district Durg. 3. Contention of the petitioner is that though the petitioner was transferred to Kabirdham in 2019 but subsequently on account of Pandemic situation prevailing in the country, he could not shift his family from Durg to Kabirdham and situation is same as of now. It would not be ideal at this juncture to expect the petitioner to shift his family from one place to another and he prays that he be permitted to retain the quarter for the present academic session thereafter he undertakes he would shift his family to a different place. 4. State counsel opposing the petition submits that in terms of the Government Rules the petitioner cannot be permitted to retain the quarter beyond a particular period and he still retains the same quarter hence he would have to pay market rent or penal rent. 5. Having heard the contentions put forth on either side and on perusal of records, undoubtedly the petitioner stood transferred from Durg to Kabirdham in the year 2019. The petitioner made a request for retaining the quarter for March-April, 2020. However, because of the Pandemic situation and lock down that was imposed in the entire country for the said period and the situation that followed thereafter the petitioner could not shift his family to a different place and situation continues even as of now. Though, of course, it is almost two years that the petitioner has been transferred. However, the petitioner has now today given an undertaking that at the end of the present academic session he shall at any cost vacate the quarter. Though, of course, it is almost two years that the petitioner has been transferred. However, the petitioner has now today given an undertaking that at the end of the present academic session he shall at any cost vacate the quarter. This Court therefore in the given entire facts and circumstances particularly taking note of the fact that Pandemic situation that was prevailing then and also considering the fact that the petitioner is a low paid Class-IV category employee the petitioner's request is worth accepting on a condition that the petitioner shall vacate the premises on or before 31.03.2022 that is by the end of the academic session 2021-2022. The petitioner if he continues to retain the said quarter beyond 31.03.2022 he will be liable to pay penal rent for the said cause for the entire period. 6. With the aforesaid direction, the present writ petition in its present form stands disposed of.