IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 8^th OF MAY, 2023

WRIT PETITION No. 3108 of 2023

BETWEEN:-

KUSUM BHADAURIA, AGED 52 YEARS, W/O M.S.

BHADAURIA

OCCUPATION:

PROFESSOR,

R/O

F-3

THATIPUR, GWALIOR GWALIOR (MADHYA PRADESH)

.....PETITIONER

(BY SHRI GOURAV SAMADHIYA - ADVOCATE )

AND

1.

THE STATE OF MADHYA PRADESH THROUGH

THE PRINCIPAL SECRETARY VALLABH BHAWAN

BHOPAL (MADHYA PRADESH)

2.

THE

PRINCIPAL

SECRETARY THROUGH

NAGARIYA AWAS EVAM VIKAS MANTRALAYA

VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

3.

THEH

PRESIDENT

BOARD

OF

REVENUE

CHAIRMAN THROUGH AWAS AWANTAN SAMITI

TYPE

E AND ABOVE BEHIND POLYTECHNIC

COLLEGE JHANSI ROAD GWALIOR (MADHYA

PRADESH)

4.

THE

COMMISSIONER

THROUGH

COMMISSIONER GWALIOR DIVISION (MADHYA

PRADESH)

5.

COMMISSIONER

MP

HOUSING

AND

INFRASTRUCTURE

DEVELOPMENT

BOARD

THROUGH

INFRASTRUCTURE

DEVELOPMENT

BOARD PARYAVAS BHAWAN JAIL ROAD BHOPAL

(MADHYA PRADESH)

6.

THE

COLLECTOR THROUGH

COLLECTOR

DISTRICT

MAGISTRATE GWALIOR (MADHYA

PRADESH)

7.

THE EXECUTIVE ENGINEER THROUGH PUBLIC

1

WORK DEPARTMENT DIVISION NO 1 SECRETARY

AWAS AVANTAN SAMITI, GWALIOR (MADHYA

PRADESH)

.....RESPONDENTS

(BY SHRI M.P.S. RAGHUVANSHI- ADDITIONAL ADVOCATE GENERAL

ALONG WITH SHRI S.S. KUSHWAHA - GOVERNMENT ADVOCATE FOR

THE RESPONDENTS/STATE)

This petition coming on for admission this day, the court passed the

following:

ORDER

1. The present petition under Article 226 of the Constitution of India has

been preferred against the order dated 14.12.2022, whereby the petitioner has

been allotted the house number F-1, New Park Hotel, Padav, Gwalior in the

most arbitrary, discriminatory and malafide manner in spite of the availability

of the vacant government accommodation of higher type to which the

petitioner is duly entitled and eligible. The impugned order is further

challenged on the ground of arbitrariness and in colourable exercise of

powers in total disregard of the order passed by the High Court in Contempt

Petition No.1386/2022, whereby vide order dated 12.12.2022, the said

contempt petition was disposed of with a direction to the respondents therein to

verify the factual aspect of the detail of the quarters as mentioned in

I.A.No.4436/2022 and if the quarter is vacant the same shall be allotted as per

the law. Further it is alleged that the impugned order no where reflects that any

verification about the eligibility or entitlement of the petitioner for allotment

of the accommodation mentioned in I.A.No.4436/2022 was done by the

respondents and no where in the impugned order it has been stated that why

the said accommodation has not been allotted to the petitioner in spite of the

fact that the petitioner was entitled to Type C accommodation.

2. The petitioner is further aggrieved by the order dated 26.7.2022,

2

whereby the representation of the petitioner has been rejected by the

respondents on wrong facts contrary to their own records which clearly

demonstrate the biased attitude of the respondents.

3. Learned counsel for the petitioner vehemently argued and submitted

that the petitioner is presently working at M.L.B. College of Excellency

Gwalior as HOD, Political Science and is presently residing at F-3, F Type

Quarter at Thatipur which was allotted to the petitioner by the respondents

authorities. The State Government had launched a Redensification Scheme at

Thatipur area whereby the entire area is to be re-constructed after demolition

of the accommodations already standing therein and in that context the

petitioner was asked to vacate the accommodation in possession, against

which petitioner preferred a W.P.No.8191/2022 which was disposed of vide

order dated 11.4.2022 with certain directions to the respondents to consider

the representation of the petitioner for providing alternative suitable

accommodation as per her entitlement or for providing rental