2026:CGHC:6895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8650 of 2022

1 - Rambhau Dewangan Deputy Collector Kanker (Suspended) , Aged About 54 Years, S/o Shri Mannu Lal Dewangan , R/o Headquarter Commissioner Office Jagdalpur Baster District Jagdalpur Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Director, Sampada Sanchalanalay (Home Department) Mahanadi Bhawan, Mantralaya , Naya Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through Department Of General Administration Mahanadi Bhawan, Naya Raipur , District Raipur Chhattisgarh. 3 - State Of Chhattisgarh Through Secretory, Home Department Mahanadi Bhawan, Naya Raipur , District Raipur Chhattisgarh.

4 - Trasury Officer Kanker Collector Office Kanker Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Pawan Kesharwani and Ms. Aditi Diwan, Adovcate For Respondent(s) : Mr. Ghanshyam Kashyap, Dy. GA Hon'ble Shri Justice Sachin Singh Rajput

Order On Board

06.02.2026

1. The petitioner has filed this writ petition seeking for the following relief(s);

“10.1 To call for the entire records pertaining to the petitioner's case for the kind perusal of the Hon'ble Court.

10.2 To quash the Notice/Letter dated 1/10/2021 (Annexure-P-1)

10.3 To issue Mandamus directing the respondents not dispossess the petitioner from the Govt. house No. F-3 situated at Officers Colony Devendra Nagar Raipur.

10.4 To direct the respondents to take a decision on the issue within a specified time of 30 days from the date of the order.

10.5 Cost of petition may be allowed.

10.6 Grant any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”

2. Learned counsel for the petitioner submits that the petitioner was working as Deputy Collector at the relevant time with the respondents and was posted at Raipur. A Government house No. F-3 situated in Devendra Nagar, Raipur was allotted to him on 24th January 2015 and since then he had been occupying that house. On 13th July 2017, the petitioner was transferred to Rajnandgaon and in compliance with the transfer order, he was relieved on 28th July 2017. However, upon his posting to Rajnandgaon, no government accommodation was allotted to him. On 13th June 2018, the petitioner was placed under suspension. As no government house was allotted to him in Rajnandgaon, he continued to occupy the government house at Raipur and continued paying the license fee as fixed by the Government. On 26th December 2022, during the pendency of this writ petition, the petitioner vacated the premises. The petitioner further submits that, without any prior show-cause notice a communication dated 1st October 2021 (Annexure P/1) was received by him, indicating that a penal rent of Rs. 779,110/- had been imposed for occupying the house, with only 7 days’ time given to vacate the premises. This communication is challenged before this Court. The petitioner argues that, as he was not allotted any accommodation in Rajnandgaon, and in light of the fact that Annexure P/1 was issued without granting him an opportunity of hearing, it is legally untenable and should be set aside. The petitioner contends that, being under suspension, he was entitled to retain the government accommodation at Raipur. The petitioner has expressed his willingness to vacate the accommodation within one month as of 20th December 2022.

3. Opposing the submissions, learned counsel for the respondents submits that the petitioner was transferred from Raipur to Rajnandgaon on 13th July 2017 and was relieved on 28th July 2017. Subsequently, the petitioner was transferred from Rajnandgaon to District Kanker on 17th December 2017 and was relieved from Rajnandgaon on the same date. The petitioner was placed under suspension on 13th June 2018 while performing his duties at Kanker. The respondents argue that