The main legal point established in the judgment is the application of the Jharkhand Government Premises Act and Rules in addressing disputes over government accommodation allocation.

JUDGMENT :

1. With consent of the parties, hearing of the matter was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality.

2. It is contended on behalf of the appellant that all the defects except defect no. 9 have already been removed.

So far defect no. 9 is concerned, it is ignored tentatively.

3. The instant intra-court appeal is directed against part of the order dated 30.09.2020 passed by learned Single Judge of this Court dismissing writ petitions being W.P. (C) No. 1961 of 2020 filed for quashing and setting aside the decision of the authority as contained in Notification No. 587(Bha.)/Ranchi dated 21st May, 2020 whereby House No. E-6, Sector-II, HEC, Dhurwa, Ranchi has been allotted to the writ petitioner/appellant – Randhir Singh, inasmuch as the premises in question has been illegally occupied by a senior police officer of the State Government and further on the ground that the writ petitioner/appellant is entitled to F-type accommodation as also for issuance of further direction to quash and set aside the order as contained in Letter No. 72 dated 3rd July, 2020 passed by the Sub Divisional Officer (Sadar), Ranchi - Respondent No. 3, whereby the writ petitioner/appellant 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.

4. The factual background of the case is that the writ petitioner/appellant – 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 09.03.2015 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 writ petitioner/appellant 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 writ petitioner/ appellant wrote a letter to the Chief Minister on 7th January, 2020 for allotment of Qr. No. F-50, Sector-III, Dhurwa, 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 house to the Ministers/MLAs, in pursuance of which, Notification No. 275(Bha.)/Ranchi dated 14.02.2020 was issued and the writ petitioner/appellant was allotted House No. E-104, Sector-II, HEC, Dhurwa, Ranchi. The aforesaid quarter was found to be in dilapidated condition and as such the writ petitioner/appellant vide letter dated 17.02.2020 requested the Secretary, Building Construction Department, Government of Jharkhand – Respondent No. 2, to either allot House No. F-50 or F-49. Thereafter, the writ petitioner/appellant was re-allotted House No. E-6, Sector-II, HEC, Dhurwa, Ranchi but the writ petitioner/appellant came to know that the said premises was illegally occupied by a senior police officer, who was allotted the ground floor of the same building. The aforesaid fact has been brought to the notice of the Chief Minister vide letter No. 100 dated 02.06.2020 requesting inter-alia therein to allot him F-type accommodation as similarly situated Ex-Ministers were allotted F-type accommodation and even an MLA, who was elected for the first time, was also allotted F-type accommodation.

The aforesaid grievance having not been redressed, writ petition has been filed before this Court being W.P. (C) No. 1