IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 8 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 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, 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 accommodation as per the scheme.

4. Learned counsel for the petitioner further argued that under the directions of this Court petitioner filed the rep