An eviction order based on procedural lapses must consider submissions made within the stipulated timelines as valid; due process and opportunity for hearing are paramount in administrative decisions.

JUDGMENT :

DEEPAK ROSHAN, J.

1. The instant writ application has been preferred by the petitioner praying for following reliefs:-

a. Issuance of appropriate writ/writ(s), order/orders, direction/directions particularly in a nature of certiorari for quashing the office order dated 22.02.2023 (Annexure-13 to writ petition) passed by respondent no. 2, as the same is arbitrary, illegal and based upon unfounded facts and ignoring Resolution No. 1817 dated 17.03.2017 issued by the Urban Development and Housing Department, Government of Jharkhand read with minutes of meeting dated 13.07.2018 held under the Chairmanship of Chief Minister, Jharkhand as issued vide memo no. 2018 dated 05.09.2018.

b. Upon quashing of the same, for issuance of appropriate writ/ writs, order/orders, direction/directions particularly in a nature of Mandamus commanding upon the respondents particularly respondent no. 3 to provide all due opportunity of hearing to the petitioner as was directed vide order dated 07.10.2020 passed in WP (C) No. 2750/2020 by this Hon'ble Court and reconsider the claim of the petitioner to allot house no. EWS-2, which is/was occupied by the petitioner for last 13 years.

c. During the pendency of this writ application Your Lordships, may further be pleased to stay the office order dated 22.02.2023 passed by the respondent no. 2, whereby a direction was issued to vacate the house within 15 days from receipt of the order failing which the eviction proceeding was said to be initiated and upon such action it was directed that the petitioner shall be liable to pay the cost.

2. The brief facts of the case as it appears from the pleadings is that the petitioner was a 4^th grade employee serving in the Animal Husbandry Department, Government of Jharkhand and based on oral instruction he was residing in House no. EWS-2 situated in Harmu Housing Colony. Thereafter, on 17.03.2017, a resolution was issued by the Government of Jharkhand to regularise the illegal occupants on satisfying certain conditions. The petitioner submitted his application within stipulated time and with all requisite documents. Thereafter, another meeting was held on 13.07.2018 where decision was taken that if five families living nearby the house of applicant write in his/her favour that would be sufficient document. The petitioner submitted the letters of five families on 20.02.2020; subsequently the respondent authorities published an advertisement inviting applications for allotting the house on lottery basis. The petitioner being aggrieved by the aforesaid advertisement filed a writ application before this court which was disposed by asking the petitioner to file representation before the concerned respondent. The petitioner, accordingly, filed the representation which was rejected by the impugned order dated 22.02.2023 stating that the petitioner did not file the application within stipulated time and could not prove that he was residing in House EWS-2.

3. Learned counsel for the petitioner submits that a survey was conducted by the officials of the Housing Board and the name of the petitioner was also taken for consideration. However, when the petitioner on enquiry tried as to whether his name is there in said list, he found that his name was not mentioned in the list. He immediately in terms of aforesaid Government Resolution no. 1817 represented vide his application dated 29.08.2017 before the Managing Director, Jharkhand State Housing Board, Harmu enclosing his Aadhar Card, Voter ID and certificate of the local Ward Parsad stating that the petitioner is residing on the said house for last 11 years.The petitioner after obtaining the written letters from f