Judgment:
WP No.4021.13 Writ Petition No.4021 of 2013 (Smt.
Sulakshna Dubey versus The State of Madhya Pradesh and four otheRs.22-03-2013 Shri Arniruddh K.
Mishra, learned counsel for the petitioner.
Heard.
Legality of order dated 05-01-2012 and 04-12-2012 is being questioned vide this petition.
By order dated 05-01-2012 allotment of Government Quarter F-50/18, South T.T.Nagar, Bhopal, has been cancelled from 10-04-2007 being unauthorizedly occupied by the petitioner.
Whereas, by order dated 04-12-2012 an Appeal preferred by the petitioner under section 9 of Lok Parisar Bedakhli Adhiniyam, 1974 has been rejected.
Posted as Principal, Government Higher Secondary School, Gandhi Nagar, Bhopal, petitioner was in occupation of Government Quarter not F-50/18, South T.T.Nagar, Bhopal allotted on 25-09-2003 when she was posted in Government Sultania Girls Higher Secondary School, Bhopal.
On 10-04-2007 petitioner was transferred to Government High School, Khajuriya Kasam, Sehore.
Thereafter the petitioner was transferred to Government Higher Secondary School Gandhi Nagar, on 04-09-2008 which she informed the Directorate Estate on 11-09-2008.
Before that the petitioner was subjected to Notice under section 4 (1) of 1974 Act on 11-07-2007 for being an unauthorized occupation of Government Quarter.
Petitioner since did not respond, an eviction order was passed on 29-10-2007 and by order dated 05-01-2012 the allotment was cancelled.
In an appeal preferred by the petitioner, the Appellate Authority being apprised of the fact that the petitioner was WP No.4021.13 granted extension for four months on normal rent by letter dated 06-08-2009 and further two month on market rate on 29-09-2009 and that from 10-10-2007 to 03-09-2008 rent of Rs.28646/- was deposited on 01-03-2011 and since September 2008 the rent is being deduced from her monthly salary and that she has vacated the quarter on 03-11-2012, disposed of the Appeal.
Grievance of the petitioner is that though she was granted permission to occupy the subject quarter for four months on normal rent from 10-04-2007 to 09-08-2007 by communication dated 06-08-2009 and for further two months vide communication dated 21-09-2009 on market rate i.e.till 09-10-2007, yet she has been subjected to penal rent with effect from 10-10-2007 till 31-01-2012.
Apparently, there is no order on record indicating that the petitioner was permitted to occupy the quarter after 10-10-2007 (four months on normal rate and two months on market rate).Communication dated 20-11-2008, 25-02-2011 and 31-05-2011 are of no assistance to the petitioner as these communication does not authorize the petitioner to occupy the subject quarter.
On the contrary, note appended with communication dated 31-05-2011 (Annexure-P/13) indicates that the matter regarding recovery of the licence fee has been subjected to enquiry by the Lokayukta vide Case No.422/2007.
In view whereof no relief can be granted to the petitioner.
In the result petition fails and is dismissed.
No costs.
(SANJAY YADAV) JUDGE sc