JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule is made returnable forthwith. With the consent of parties petition is taken up for final hearing.

2. By this petition, Petitioner challenges order dated July 6, 2023 passed by the Maharashtra Administrative Tribunal (Tribunal) dismissing the Original Application No. 785 of 2023. The Original Application was filed by the Petitioner challenging order dated April 25, 2023 and communication dated June 05, 2023 by which allotment of residential quarter in his favour is cancelled and he has been directed to handover possession of the same. The Tribunal has dismissed the Original Application holding that issue involved therein does not fall within it’s jurisdiction as the same has already been dealt with by City Civil Court, Mumbai.

3. Briefly stated, facts of the case are that Petitioner’s father was employed in Aarey Dairy and was allotted residential accommodation bearing quarter No. FQ 10, Government Colony, Unit No. 2, Central Warehouse, Aarey Milk Colony, Goregaon (East), Mumbai-400 065. The Petitioner’s father was declared as surplus in the Dairy Department and was absorbed on the post of Peon in the General Administration Department, Mantralaya, Mumbai. He was permitted to occupy the same residential accommodation of Aarey Dairy. Petitioner’s father died in harness on September 19, 2015. He submitted application for compassionate appointment on October 8, 2015. Same remained undecided. The family however continued to occupy the residential quarter under a hope that Petitioner would be appointed in service on compassionate ground.

4. By order dated March 01, 2021, Petitioner came to be appointed on compassionate ground on the post of ‘Clerk-Typist’ by the General Administration Department of the Government of Maharashtra. Upon his appointment, Petitioner continued in the occupation of quarter No. FQ 10.

5. The Estate Officer initiated eviction proceedings against Petitioner’s mother under the provisions of the Bombay Public Premises (Eviction) Act, 1955 and issued Show Cause Notice dated July 8, 2021. Another notice was issued on the same date, calling her upon to show cause as to why the compensation of Rs.30,09,265/- shall not be levied for unauthorised occupation of the quarter.

6. Petitioner submitted an application dated February 16, 2022, for transfer of allotment of quarter No. FQ 10 in his name in pursuance of his compassionate appointment.

7. The Estate Officer passed order dated March 03, 2022 directing eviction of Petitioner’s mother from quarter No. FQ 10 and further determining penal rent of Rs. 36,11,133/-.

8. Petitioner challenged eviction order dated March 03, 2022 by filing Miscellaneous Appeal No. 0100011/2022 before the Principal Judge, City Civil and Sessions Court, Mumbai. An interim order dated April 11, 2022 came to be passed by the City Civil Court, Mumbai staying the eviction order on condition of Petitioner’s mother depositing an amount of Rs. 9,00,000/- (Rs. 2 Lakhs within 10 days and Rs.7 Lakhs in two installments in 2 months to follow). It was directed that failure to deposit the amount would entail vacation of the interim order. It appears that Petitioner’s mother failed to deposit amount as directed in the interim order dated April 11, 2022 allegedly on the ground that the pensionary benefits in respect of her husband were already lying with the Respondents.

9. In the meantime, Petitioner kept pursuing his request for transfer for allotment of quarter No. FQ 10 by submitting one more application dated July 7, 2022. By order dated June 23, 2022, the State Government granted approval for transfer of quarter No. FQ-10 in Petitioner’s name subject to condition of execution of affidavit to the effect that the order passed by the City Civil Court would be binding on Petitioner and her mother. It was further directed that since the Petitioner was in service since March 18, 2021, he would pay rent, electricity and water charges Accordingly, the Chief Executive Officer,