Government quarters cannot be regularized for unauthorized occupants, and eviction without due process is lawful if no rights are established.

ORDER:

This Writ Petition is filed praying this Court to declare the action of the respondents in dispossessing/evicting the petitioner from the residential quarter No.AE/105 without following due process of law as illegal, arbitrary and violative of the Articles 14 and 21 of the Constitution of India and consequently prayed to direct the respondents not to dispossess the petitioner from the said quarter and for other appropriate reliefs.

2. It is stated that the father of the petitioner and his forefathers are the native of Nandikonda Village, where the Nagarjuna Sagar Irrigation Project was constructed. It is further stated that at the time of construction of the said irrigation project, the government has constructed some government quarters to enable to reside the workers, who are involved in construction of the project and the petitioner has been residing in Quarter No.AE/105 of Hill Colony and he is paying monthly rents and electricity charges. It is further stated that the respondents have not initiated any steps for eviction of the petitioner, therefore, he is residing in the quarter and he being the Scheduled Tribe and landless poor, is entitled to regularize the quarter in his favour and the Government is not having any power to evict the petitioner from the said quarter.

3. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.

4. Learned Assistant Government Pleader for Revenue has placed on record the written instructions received through letter No.A3/EE/Irr.Divn.No.1/HC/Qr.AE/ 105/2024-25/269, dated 01.11.2024, wherein it is stated that the Quarter No.AE/105 at Hill Colony was collapsed long back, as such, the said quarter was not allotted to any person since 01.04.2004 as per occupation register maintained by the section Officer, Hill Colony and the petitioner has not approached the irrigation department for allotment of any type of quarter. The instructions also discloses that earlier the petitioner also filed W.P.No.34946 of 2022 claiming that he is living with his family in Quarter No.AE/114 at Hill Colony and in the said writ petition, it is the case of the respondents that the quarter No.AE/114 was allotted to the Regional Director (AMD), Hyderabad camp at Hill Colony, Nagarjunasagar vide Office Order No.1778-M, dated 28.01.2000 as per occupation register. Further, the Government of Telangana, Irrigation and CAD Department accorded permission to the Engineer-in-Chief, Irrigation to handover the assets of Nagarjunasagar Dam to the District Collector, Nalgonda for onward transmission to the respective authorities vide Memo No.1326/LA/A1/2020, dated 09.09.2020, in which out of 1351 balance quarters with the irrigation department, 260 quarters are required for staff of irrigation department and offices of Nagarjuna Sagar Project kept under the control of irrigation department and the remaining 1091 quarters are placed for disposal of the District Collector so as to dispose them on auction or through tender process. Accordingly, the Superintending Engineer, Irrigation Circle, submitted the list of government quarters of 1091 which are to be disposed to the District Collector vide letter, dated 12.08.2021 and the subject quarter is in the list of 1091 quarters, which were handed over to the District Collector, Nalgonda.

5. It is settled principles of law that the government quarters allotted to the employees or any persons are not entitled for regularization. There are cases where the occupants are so affluent that they are willing to pay the penal/market rent and are seeking to regularize the quarters allotted and continue to occupy the Government Quarters. In the case of S.D.Bandi us. Divisional Traffic Officer, KSRTC and others, AIR 2073 Supreme Court 2507 occupation of Government accommodation by the members of three branches of the State i.e., Legislature, executive and the judiciary beyond the period for w