JUDGMENT :

NANI TAGIA, J.

1. Heard Mr. A. Saring, learned counsel for the petitioner. Also, heard Mr. P. Taffo, learned Standing counsel for the Urban Development and Housing Department, representing the respondent nos. 2 and 3 and Mr. H.R. Obing, learned counsel for the respondent no. 4.

2. By means of this writ petition, filed under Article 226 of the Constitution of India, the petitioner has put to challenge the order dated 24.02.2020, issued by the Director Housing, vide Memo No. DOH/Accom-04/2012-13 (Vol-II) 8505-10, whereby, the Government quarter No. 22/T-I, located at Niti Vihar, Itanagar, which was allotted to the petitioner has been cancelled. Also put to challenge is the allotment order dated 01.06.2020, issued by the Secretary (Housing), Government of Arunachal Pradesh, Itanagar, vide Memo No. DOH/Accom-05/2012-13 (Vol-II) 8820-26, whereby, the Government quarter No. 22/T-I, located at Niti Vihar, Itanagar, has been allotted to the respondent no. 4.

3. The facts leading to filing of the instant writ petition, briefly stated, are as follows:

The petitioner who is working as a Lower Division Clerk (LDC) in the Department of Public Works was transferred from Seppa to the Office of Superintending Engineer, Yachuli Civil Circle, Public Works Department (PWD) on 14.02.2019. While the petitioner was working as LDC in the Office of the Superintending Engineer, Yachuli, the petitioner had submitted an application on 07.06.2019 for allotment of a quarter, pursuant to which the petitioner was allotted Government quarter No. 22/T-I at Niti Vihar, Itanagar, vide allotment order dated 12.02.2020, issued by the Director Housing, vide Memo No. DOH/Accom-10/2012-13 (Vol-III) 9456-51. The petitioner therefore, has filed this writ petition assailing the impugned cancellation order dated 24.02.2020, contending that the said cancellation order was issued behind the back of the petitioner without any notice to the petitioner. The petitioner has also put to challenge the allotment order dated 01.06.2020, issued in favour of the respondent no. 4 by the Secretary (Housing), Government of Arunachal Pradesh, whereby, the same Quarter No. 22/T-I, located at Niti Vihar, Itanagar has been allotted to respondent no. 4.

4. The Housing Department, the respondent nos. 2 amd 3 have filed their counter-affidavit, wherein, it has been stated that the Quarter No. 22/T-I, located at Niti Vihar, Itanagar, was not a vacant quarter. It was allotted to one Smti Markum Marde, Peon, as the present occupant of the said quarter Shri Sadhu Charan Das, Driver, Social Welfare Department had issued No Objection Certificate (NOC) to that effect. But the allotment given to Smti Markum Marde was found to be a double allotment as her husband Shri Tapak Natam, Peon, had also been allotted a Type-I quarter in the same section. In view of the above, Smti Markum Marde, surrendered her quarter allotment on 10.02.2020 and accordingly, the allotment of the quarter given to her was cancelled on 11.02.2020 and thereafter, the allotment of the said quarter to the petitioner was given on 12.02.2020. It has been further stated in the counter-affidavit filed, that after the said quarter was allotted to the petitioner on 12.02.2020, the respondent no. 4, who is an Assistant Teacher (A) Government Primary School, Donyi Colony, Itanagar, had submitted a complaint dated 19.02.2022, contending that the quarter in question not being a vacant quarter, could not have been allotted to the petitioner, in what has been referred to as “advance allotment” in super-session of the entitlement of the respondent no. 4, who is senior to the petitioner. Pursuant thereto, the allotment given to the writ petitioner was cancelled by the respondent authorities, vide the impugned cancellation order dated 24.02.2020. The State respondents further contends that thereafter, the said quarter has been allotted to the respondent no. 4 as per station seniority and therefore, there is no illegality committed by the Sta