CHANDRESHKUMAR R SHRIVASTAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) TWO show cause notices have been given to the petitioner which are at Annexure F dated 7.12.1990 by which the petitioner was directed to hand over vacant possession of the government quarter to the government within 30 days of the receipt of the said notice on the following grounds;

(2.) THE petitioner replied to this notice on 1.1.1991 as indicated by Annexure G by which he wanted to have personal hearing before any action was to be taken.

(3.) IN the present petition the main contention of the petitioner is that he has taken the loan for constructing his own house, by virtue of Government Resolution and Circular dated 24.7.1972 and 28.11.1972. By placing reliance on these circulars the petitioner contended in the present writ petition that as he happens to be staying in government allotted quarter which is away from his office at a distance of more than 5 kms ., he should not be evicted from the official quarter which has been allotted to him though he had constructed a house by taking the loan from the Government. The petitioners contended that on account of these two circulars and policy enunciated by the Government in respect of such government employees, the Executive Engineer, was in error in issuing a notice for vacating the government quarter/accommodation which was allotted to him as a government employee.