SUNIL KUMAR SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is submitted by the counsel for the petitioners that the petitioner No.1 is working as Assistant Teacher, whereas the petitioner No.2 is working as Head-pump Technician. By order dated 01/04/2018 (Annexure P1), the petitioner was allotted House No.NG-2, whereas by order dated 08-01-2008 (Anexure P1), the petitioner was allotted House No.NG-09. By order dated 02- 02-2019 (Annexure P2). The allotment made in favour of the petitioners was cancelled on the ground that they were not eligible to hold the houses which were allotted to them and secondly, they had not deposited the rent as well as water tax. Accordingly, they were directed to deposit the rent and water tax within a period of 15 days as well as to vacate Government accommodation, failing which an action under Madhya Pradesh Lok Parishar (Bedakhali) Adhiniyam, 1974 shall be taken.

(3.) It is submitted by the counsel for the petitioners that the order dated 02/02/2019 (Annexure P2) has been passed in the light of the circular dated 11/09/2014 which, in fact, is meant for Bhopal City. Further, it is submitted that a notice under Section 4(1) of Madhya Pradesh Lok Parishar (Bedakhali) Adhiniyam, 1974 has been issued directing the petitioners to vacate the premises by 29th April 2019, otherwise they shall be evicted by use of force. It is submitted by the counsel for the petitioners that the petitioners were entitled for a show cause notice, which has not been made. It is further submitted that a Coordinate Bench of this Court by order dated 04/02/2015 passed in Writ Petition No.753 of 2015 has stayed the eviction and the case of the petitioners is also covered by interim order dated 04/02/2015.