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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, ALOK KUMAR SINHA
Avanish Kumar Singh S/o Late Vindhyachal Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. appellant's challenge to previous court order leads to analysis. (Para 2 , 6) |
| 2. legal rationale for maintainability in subsequent petitions. (Para 4 , 5) |
| 3. entitlement to government accommodation after leaving office. (Para 12 , 17) |
JUDGMENT :
ALOK KUMAR SINHA, J
Heard the parties.
2. In the present appeal the appellant/petitioner has challenged the order dated 13.01.2021 passed by learned Single Judge in CWJC No.19359 of 2016 by which the writ application filed by the appellant/petitioner was dismissed on the ground that for claiming the same relief, the appellant/petitioner had earlier filed CWJC No.19237 of 2015, which was withdrawn unconditionally by the appellant/petitioner without seeking any liberty to move afresh. Hence, the learned Single Judge was not inclined to allow the appellant/petitioner to re-agitate the same issue in the second writ petition bearing CWJC No.19359 of 2016. Being aggrieved with this order of the learned Single Judge, the appellant/petitioner has filed the present LPA as against the aforesaid order.
3. Considering the maintainability of a second writ petition, under Article 226 of the Constitution of India in similar circumstances, the
Second writ petitions are not maintainable if the previous petition was withdrawn without permission, and former members of the legislature have no vested right to retain government accommodations af....
[The court established that notices issued without proper authority under the Jharkhand State Housing Board Act, 2000, are invalid, and that allottees have a right to equitable treatment in the conte....
Unauthorized retention of govt. accommodation post-transfer/dismissal periods attracts damage charges per allotment rules; retrospective levy improper if license fee deducted.
The retention of government accommodation was legally sanctioned, and the recovery of damage rent was deemed arbitrary and unlawful under constitutional principles and applicable laws.
The necessity of issuing a notice before imposing penal rent upon government employees for occupying quarters post-allotment cancellation is affirmed.
The unauthorized retention of government quarters by a retiree incurs penal rent; rights to occupy such accommodations cease upon retirement, regardless of ongoing litigation.
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