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2020 Supreme(Jhk) 449

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Randhir Singh @ Randhir Kumar Singh – Petitioner
Versus
State of Jharkhand through the Chief Secretary – Respondent
W.P. (C) Nos. 1961, 1986 of 2020
Decided On : 30-09-2020

Advocates:
Advocate Appeared:
For the Petitioners: M/s. Rajiv Sinha, Mr. Rohit Sinha, Mr. Ajit Kumar.
For the Respondent: Mr. Rajiv Ranjan.

Headnote:

(A) Jharkhand Government Premises (Allotment, Rent, Recovery and Eviction) Act, 2002 - Sections 2(b) and 8 - Jharkhand Government Premises (Allotment, Rent, Recovery and Eviction) Rules, 2004 - Rules 18 and 19 - Direction to former Minister to vacate official accommodation - After demitting office, one should vacate premises himself/herself without waiting for any order of eviction to be issued by an appropriate authority - It should be kept in mind by allottees that by not vacating premises, they are infringing rights of lawful claimants of the same - Petitioners are required to vacate presently occupied premises, as Gazetted House Allocation Committee has allotted earlier accommodation of petitioners to another MLA and Minister, respectively, after change of government - Petitioners by not evicting presently occupied premises are infringing right of other allottees - Petitioners are people's representative and their responsibilities are higher than a general government officer/employee - Petitioners are entitled to government accommodations being MLAs. (Paras 22, 27 and 40)

(B) Government Accommodation - Allotment of government accommodation is one of statutory benefits given to people's representative which is perpetual in nature and as such framing of rule/regulation/guideline for fair and impartial implementation of same is a sine qua non in just exercise of such power, any deviation therefrom would be subject to judicial review - Distribution of largesse must not be within whims of any political entity and/or authority, rather State action should support transparent, sound, palpable and well defined policy - State Government directed to frame a uniform rule/regulation/guideline within a reasonable period laying down yardstick for deciding entitlement of Ministers/MLAs for a particular grade/type of earmarked government accommodation. (Paras 38 and 39)

ORDER :

1. These cases are taken up through video conferencing.

2. W.P. (C) No. 1961 of 2020 has been filed for quashing and setting aside notification no. 587 (Bha.)/Ranchi dated 21st May, 2020 (Annexure-6 to the writ petition) issued under the signature of the Joint Secretary, Building Construction Department, Government of Jharkhand, Ranchi, whereby House No. E-6, Sector-II, HEC, Dhurwa, Ranchi (in short E-6) has been allotted to the petitioner-Randhir Singh inasmuch as the premises in question has been illegally occupied by a senior police officer of the State Government and also because the petitioner is entitled to F-type accommodation. Further prayer has been made for quashing and setting aside the order as contained in letter no. 72 dated 3rd July, 2020 (Annexure-10 to the writ petition) passed by the Sub Divisional Officer, Sadar, Ranchi- respondent no. 3, whereby the petitioner has been asked to vacate F-type accommodation i.e. Pashupalan Bhawan, Doranda, Ranchi, which was allotted to him being the Minister in the erstwhile State Government.

3. W.P. (C) No. 1986 of 2020 has been filed for quashing of the notification as contained in memo no. 275 (Bha)/Ranchi dated 14.02.2020 (Annexure-10 to the writ petition) whereby the petitioner-Navin Jaiswal has been allotted House No. E-9 Sector-II, HEC, Dhurwa, Ranchi (hereinafter referred as ‘E-9’) and the present accommodation of the petitioner i.e. F-type, Forest Bunglow No. 2, Doranda, Ranchi has been allotted to Haji Hussain Ansari. Further prayer has been made for quashing letter no. 62 dated 20.03.2020 and letter no. 123 dated 04.06.2020 issued by the respondent no. 6 whereby the petitioner has been directed to vacate the Forest Bunglow No. 2. It has also been prayed for quashing memo no. 66 dated 03.07.2020 and letter no. 73 dated 03.07.2020 both issued by the respondent no. 7 whereby the petitioner has been directed to vacate the quarter retained by him.

Factual Matrix in W.P. (C) No. 1961 of 2020

4. The factual background of the case as stated in the writ petition is that the petitioner-Randhir Singh was a Minister (Department of Agriculture and Sugarcane Development, Government of Jharkhand) in the erstwhile Bhartiya Janta Party (B.J.P.) Government and F-type accommodation i.e. Pashupalan Bhawan, Doranda, Ranchi was allotted to him vide Building Construction Department’s Order No. 40 dated 9th March, 2015 in terms with the Jharkhand Government Premises (Allotment, Rent, Recovery and Eviction) Act, 2002 (hereinafter to be referred as ‘the Act, 2002’) and The Jharkhand Government Premises (Allotment, Rent, Recovery and Eviction) Rules, 2004 (hereinafter to be referred as ‘the Rules, 2004’). The petitioner has been re-elected as a member of Legislative Assembly from Sarath (Deoghar) Legislative Assembly Constituency in Jharkhand Legislative Election 2019 on the symbol of B.J.P. After getting re-elected, the petitioner wrote a letter to the Chief Minister on 7th January, 2020 for allotment of Qr. No. F-50, Sector-III, Dhurwa, Ranchi. He also wrote similar letter dated 3rd February, 2020 to the Building Construction Department, Jharkhand, Ranchi. On 5th February, 2020, a meeting of Gazetted House Allocation Committee was held under the chairmanship of the Chief Minister, who also happens to be the departmental minister of the Building Construction Department, Government of Jharkhand. In the said meeting a decision was taken for allotment of houses to the Ministers/M.L.As. in pursuance of which, notification no. 275 (Bha.)/Ranchi dated 14th February, 2020 was issued and the petitioner was allotted House No. E-104, Sector-II, HEC, Dhurwa, Ranchi. However, the said premises was in dilapidated condition and as such the petitioner vide letter dated 17th February, 2020 requested the Secretary, Building Construction Department, Government of Jharkhand- respondent no. 2 to either allot House no. F-50 or F-49. Thereafter, vide impugned notification no. 587 (Bha.)/Ranchi dated 21st May,

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