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Judgment
Prashant Kumar Mishra, J
The Tehsildar, Mainpur, District Gariyaband has passed the impugned order directing the petitioner to vacate government quarter No.1, which is
allegedly unauthorizedly possessed by the petitioner. It is argued that the petitioner's father H. R. Nirmalkar was allotted the said quarter while he was
serving as Headmaster at the time of his retirement, therefore, by virtue of Rule 7 & 20 of the Shaskiya Aawas Avantan Niyam, 2000, the petitioner is
entitled to preference in the matter of allotment of quarter, therefore, the petitioner cannot be treated as unauthorized occupant till her application is
pending consideration before the Project Administrator, Integrated Tribal Development Project, District Gariyaband.
Perusal of the papers attached to the writ petition would indicate that the subject quarter possessed by the petitioner's father at the time of his
retirement has now been alloted to respondent No.6, Shri Akshay Kumar Sahu, Teacher (Panchayat) Grade-II on 15.02.2017, but since the
accommodation is occupied by the petitioner, the impugned order has been issued directing her to vacate the quarter.
Considering the fact that the petitioner's application for allotment is pending before the Project Administrator, the respondent No.3, the writ petition
is disposed of with direction that the said Authority shall consider and decide petitioner's application for allotment in accordance with the extant Rules
within a period of 6 weeks from today.
Since the respondent No.6 is the present allottee of government quarter No.1 by order (Annexure-P-7), the respondent No.3 shall also hear the
respondent No.6 before taking decision on petitioner's application.
For a period of 6 weeks from today, the effect and operation of the impugned order shall remain in abeyance.
The writ petition stands disposed of.