CHANDRASHEKHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in these two Letters Patent Appeals is to the common order dated 28.02.2018 passed by learned Writ Court in CWJC No. 14975/2017 and CWJC No. 14930/2017. The writ court has been pleased to declare that the letter dated 20.09.2017 issued individually to the writ petitioners by the Estate Officer, Building Construction Department Government of Bihar, did not require any interference by the court. The writ court however granted 15 days further to the petitioners to vacate the quarters in question and handing over of the same to the concerned Building Construction Department of the Government of Bihar.

(2.) The writ court while considering the submissions of the writ petitioners that a large number of persons who are not even entitled to, have been in possession of the quarters of D & E types under Legislative Pool on the basis of arbitrary allotment made by the respondents found that there was no specific rebuttal on behalf of the respondents in respect of the contention of the petitioners regarding such arbitrary allotments being made de hors to the relevant rules, therefore, in the ends of justice, the Secretary, Bihar Legislative Assembly has been directed to find out such illegal allotment of quarters being made under legislative pool to the persons who are not entitled for the same and thereafter to take necessary steps in accordance with law to get vacated such quarters in order to make allotment of the same to the petitioners as per their entitlement. For this purpose the court has granted 60 days time to the concerned respondent.

(3.) In the changed circumstances, the learned writ court restricted the Secretary, Bihar Legislative Assembly from examining the inter se entitlement of the members of the Legislative Assembly who are entitled for the same type of quarter under the relevant rules, as according to the learned writ court, the same cannot be a subject of such exercise for the simple reason that individual claim of the petitioners regarding allotment of quarters under assembly pool as per their entitlement under the relevant rules has accrued incidently, on account of cessation of their Ministership in the State Government after formation of a new coalition government in the State.