The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.

JUDGMENT :

M.V. Muralidaran, A.C.J.

Heard Mr. S. Rupachandra, learned senior counsel for the petitioner; Mr. H. Samarjit, learned Government Advocate for the official respondents No. 1 to 4 and Mr. H. Chandrakumar, learned counsel for the respondents No. 5 and 6.

2. This writ petition has been filed by the petitioner to quash portion of the order dated 8.3.2021 and to allow the petitioner and his family to stay in the allotted Quarters being No.Type-III/F-57 at Langol Housing Complex.

3. The case of the petitioner is that he is working as driver in the Directorate of Family Welfare Services, Government of Manipur. He has been allotted Quarters being Type-III/F-57 at Langol Housing Complex vide order dated 24.9.1999. While he was occupying the said quarters, he and his mother and father got inflicted with ailments one after another since the year 2017. During treatment of the petitioner, his mother and father, the petitioner stayed at his own house leaving the quarters and the petitioner allowed one of his relatives, namely the sixth respondent, as the family caretaker of it. During the second wave of Covid, the first respondent issued the impugned order cancelling the quarters allotted to the petitioner without giving any notice to him. On 7.8.2021, the petitioner submitted a representation to the first respondent stating that he has been occupying the quarters for more than 15 years and rents have been deducted regularly from his salary and he left it by keeping a family caretaker.

4. Further case of the petitioner is that Eviction Case No.8 of 2021 was taken up by the fourth respondent in respect of the quarters in question wherein the second respondent and sixth respondent are parties. Even if the eviction case is to be taken up, it should be between the petitioner and the Government authority, inasmuch the said impugned order does not allow the authority to hand over the quarters to the fifth respondent. The petitioner was served with summon on 11.10.2021 thereby asking his personal appearance before the fourth respondent on 18.10.2021. Since the petitioner could not appear, he sent his wife and submitted an application requesting to give him 15 days time as the process for continuation of the quarters allotted to him is going on. The quarters in question was locked by the officials on 8.10.2021. On 18.10.2021, the petitioner submitted a representation to the authority. Despite receipt of the said representation, the authority has not passed any order till date. Hence, the writ petition.

5. The respondents 1 and 2 filed affidavit-in-opposition stating that the petitioner has sublet the quarters in question to Sovita Devi an unknown person and at that point of time, there was an outstanding due of Rs.48,200/- as licence fee i/c 2% surcharges as per the office record of the Executive Engineer, BD-II, PWD. It is stated that the present occupant who was sublet by the petitioner is an unauthorized person and to be vacated from the quarters as the said quarters is required to be handed over the new allottee Irungbam Prabikumar Singh. As the present occupant is an unauthorized occupant, the eviction process is being taken up by the Sub Divisional Officer, Lamphel. Hence, prayed for dismissal of the writ petition.

6. The fifth respondent filed affidavit-in-opposition stating that after making an enquiry, the Executive Engineer, Building Division-II, PWD, submitted a status report dated 10.2.2021 to the Under Sec