Disposed

Siyasharan Yadav v. The State Of Bihar and Ors.

Patna HC5 Jan 2016CWJC/19662/2015

Case brief

AI extract

What is this about?

Patna High Court disposed of a writ petition challenging the cancellation of a junior engineer's housing allotment due to jurisdictional error. The court granted the petitioner two months to vacate the quarter and directed the competent authority to consider fresh applications expeditiously. No precedents were cited.

What did the court decide?

Petitioner granted two months time to vacate the disputed quarter; case disposed of with direction to consider fresh allotment applications expeditiously.

Siyasharan Yadav Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.19662 of 2015

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=========================================================== Siyasharan Yadav, Son of late Jaldhari Yadav, Resident of Mohalla- R' Block, Govt. Quarter No. H/8, Road, No. 2, P.O.-G.P.O., P.S. Kotwali, District Patna.

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.... .... Petitioner

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Versus

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The State of Bihar.

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The Superintending Engineer, Public Health Department (Control), Patna Circle, Patna.

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The Executive Engineer, Public Health Design & Planning Division No. 6, Patna. 4. The Executive Engineer, Patliputra Building Division, Building Construction Department, Patna.

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.... .... Respondents

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=========================================================== Appearance :

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For the Petitioner/s : Mr. Mani Bhushan Kumar, Advocate For the State : Mr. Ram Pravesh Kumar, A.C. to S.C.-11

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=========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 05-01-2016

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The petitioner, a Junior Engineer under Public Health Engineering Division No. 6 was allotted Quarter No. A/8, Road No. 2 in R’ Block, Patna under an order dated 19.11.2014 issued by the Superintending Engineer, Public Health Engineering Department, Patna Circle, Patna. Subsequently, it was detected that the allotment of quarter, which was in the Central Pool was beyond the jurisdiction of the Superintending Engineer, Public Health Engineering Department, Patna Circle, Patna. A communication to this effect was made by the Executive Engineer of Building Construction Department through letter dated 05.11.2015, which has been brought on record by

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Patna High Court CWJC No.19662 of 2015 dt.05-01-2016

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way of Annexure-1 to this application. In furtherance of the said communication dated 05.11.2015, the Superintending Engineer, Public Health Engineering Department, Patna Circle, Patna has cancelled the allotment of quarter earlier made in favour of the petitioner, by order dated 16.11.2015, which is under challenge in the present writ application.

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Learned counsel for the petitioner has not been able to satisfy this Court that the allotment of quarter made in favour of the petitioner by the Superintending Engineer of the Public Health Engineering Department was valid and he had the competence to make allotment of the quarter. Faced with this situation, learned counsel for the petitioner has very fairly submitted that the petitioner be given some time to make alternative arrangements, since he is residing in quarter for last one year.

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In view of the pleadings and submissions made on behalf of the petitioner, this application is disposed of with an observation that the petitioner shall be allowed two months’ time from today to vacate the quarter in question. If he fails to vacate the quarter within two months from today, the respondents would be at liberty to take appropriate action against him.

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It goes without saying that if the petitioner applies for allotment of quarter, the same shall be considered expeditiously in

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Patna High Court CWJC No.19662 of 2015 dt.05-01-2016

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accordance with law, by the competent authority.

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This application shall stand disposed of with the

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observation aforesaid.

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(Chakradhari Sharan Singh, J)

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Vats/U

Siyasharan Yadav v. The State Of Bihar and Ors.

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Siyasharan Yadav v. The State Of Bihar and Ors.

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