PRANATI PATTNAYAK Vs. PRINICIPAL ACCOUNTANT

JUDGEMENT

(1.) CHALLENGING , inter alia, the letters dated 16.12.2013 and 18.12.2013 issued by the Office of the Accountant General (General and Social Sector Audit), Odisha, Bhubaneswar, to the Secretary, Residents' Committee, Nayapalli, Bhubaneswar, to shift the nursery school from Quarters No. 180, Type III to H -type Quarters and payment of outstanding house licence fee and water charges and electricity charges, vide Annexures 3 and 4 respectively, the petitioners, styling themselves as guardian of the students, have filed this writ application.

(2.) CASE of the petitioners is that New A.G. Colony was established in the year 1989 to provide accommodation to the employees of the Accountant General, Odisha, Bhubaneswar. There is a provision to provide a nursery school, community hall, market complex, health centre to the residents of the said quarters. The resident committee established the nursery school during 1992. After constitution of the resident committee, an application was made to the authorities to provide a suitable place to open the nursery school. Since no separate building was available, opposite party no. 3 vide letter dated 29.4.1994, Annexure -1, allotted Quarters No. 180 Type -III to the residents' committee for opening of the school. Thereafter, the managing committee was constituted and the staffs were appointed. It is further stated that there are two classes in the said school. While the matter stood thus, all of a sudden, opposite party no. 2 issued a letter dated 11.12.2013 demanding electricity dues of Rs. 11,647/ - as on December, 2013. Thereafter, opposite party no. 3 issued a letter on 16.12.2013 to shift the school to another quarters, Annexure -3. On 18.12.2013, the opposite party No. 3 had also issued a letter demanding house licence fees, water charge and electricity charge, etc.

(3.) WE do not see any justification on the part of the school authorities to continue the school in the quarters meant for the staffs of the Accountant General. Merely because a quarter was allotted in favour of the school authorities, the same does not confer any legal right to continue the school in that quarters and that too without payment of demanded house licence fees, water charge and electricity charge.