The court emphasized the principles of equality and accountability in law enforcement, directing the registration of FIRs and compliance with legal duties by police officials.

Order :

(SAMEER JAIN, J.)

1. The crux of the present batch of writ petitions pertains to the grievance raised by the petitioners, who are medical professionals by occupation. It is specific case of the petitioners that the government accommodations in question were duly allotted to them in accordance with the applicable service rules and policies, and such allotments remained valid up to the date of their respective superannuation. However, the petitioners were subsequently directed to vacate the said premises, purportedly to facilitate the accommodation of a Personal Secretary or staff member associated with the Hon’ble Chief Minister. Learned counsel for the petitioners had, on earlier occasions, vehemently contended that this action on the part of the respondent authorities is vitiated by arbitrariness and mala fides, and that it has resulted in grave, undue and hostile discrimination against the petitioners, who are persons with visual impairments. It is further submitted that the said premises was re-allotted to individuals who are politically influential and close to well-positioned political powers, thereby reflecting a clear abuse of power and violation of the principles of equality enshrined underArticle 14 of the Constitution of India . However, on the erstwhile date of hearing learned counsel for the petitioner had apprised the Court with the fact that albeit the petitioners herein have handed over the keys of the premise in question, in the premises in question a number of commercial activities were running and persons who are in possession of the said properties are different than the person to whom the same is allotted.

2. In this background and taking note of the seriousness of the matter raised in the petitions and considering the implications of the alleged continued unauthorized occupation in the government accommodations, this Court, vide order dated 24.02.2025, appointed Mr. Divyesh Maheshwari as the Court Commissioner for the purpose of conducting a detailed inspection and preparing a report with respect to the ongoing commercial activities and the presence of individuals unlawfully residing in the subject accommodations situated in Gandhi Nagar, Jaipur after conducting physical verification and inspection of the area in question. These include persons who have continued to occupy the premises despite being superannuated, transferred, or who have sub-let the premises, all in contravention of the provisions laid down under the Rajkiya Awas Avantan Niyam , 1958.

3. Pursuant to the directions issued by this Court, the learned Court Commissioner has submitted a report in a sealed cover. It is submitted that the said report is based on physical inspection undertaken in compliance with the directions of this Court, and the inspection was being carried out with due protection provided by the concerned jurisdictional Police Station and during the inspection the Court officials were accompanied by a male constable, a female constable, and an appointed officer, namely Ms. Yogita Vishnoi, Asst. Secretary, GAD.

4. It is further submitted by the learned Court Commissioner that, upon verification in G-Block of the Gandhi Nagar, Jaipur area various instances of unauthorized occupation and commercial activities were observed, in contravention of applicable Rules and Regulations. It was found that a number of residential premises, originally allotted to government employees, are being occupied by persons who are retired, transferred, or otherwise unauthorized.

5. The Court Commissioner reports that several houses were observed to be involved in commercial activities, including but not limited to catering services, food-related businesses, BNBs and dairy operations (Supporting documentation, including color photographs, is submitted alongside the report to substantiate these findings).

6. It is further submitted that the premises at House No. G-774 were physically inspected, which were found under possession of one Mr. Upendra Sin