R.K.Agrawal, J. - (1.) By means of the present petition filed under Article 226 of the Constitution of India, the petitioner, Smt. Raj Kumari, seeks the following reliefs: (a) a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.6.2004 communicated by the respondent No. 1 to the petitioner. (b) a writ, order or direction in the nature of mandamus commanding the respondents not to evict the petitioner from 14, Huntley House, Agra College, Agra. (c) Any other suitable writ, order or direction with this Hon'ble Court deem fit and proper under the circumstances of the case. (d) to award the cost of the petitioner.
(2.) Briefly stated the facts giving rise to the present writ petition are as follows: According to the petitioner, her husband Late Sri Rajendra Kumar was working as a Reader in the Department of Physics in Agra College, Agra, hereinafter referred to as "the College". It is alleged mat after being dispossessed from his ancestral house on the intervening night of 2/3.7.1997, the petitioner's husband made an application on 7.7.1997 for allotment of an official quarter in the College premises. The College Administration allotted 14, Huntley House, Agra College, Agra, hereinafter referred to as "the official quarter" to the petitioner's husband and the petitioner along with her husband and their family started living in the official quarter. Unfortunately, the petitioner's husband died on 21st November, 1997, while in service in the College. She moved an application before the Principal of the College stating therein that she did not have any shelter in Agra and, therefore, she may be permitted to live in the official quarter allotted to her late husband. The Principal vide letter dated 27.12.1999 permitted the petitioner to live in the official quarter. The petitioner thereafter made a request for extending the period of stay in the official quarter whereupon the Principal vide his letter dated 7th November, 2001 informed her that the Commissioner, Agra Division, Agra, who is also the ex officio Chairman of the Committee of Management of the College, hereinafter referred to as "the Chairman", vide order dated 30th October, 2001 had been pleased to permit her to retain the official quarter for a period of two years. Thereafter she approached the Chairman vide letter dated 22nd October, 2002 requesting him to extend the period for retaining of the official quarter whereupon the Chairman vide order dated 1st November, 2002, addressed to the Principal of the College, permitted the petitioner to retain the official quarter for a period of 10 years. However, vide order dated 21st June, 2004 passed by the Chairman, the earlier order dated 1st November, 2002 has been recalled/cancelled. The order dated 21st June, 2004 filed as Annexure No. 10 to the petition is under challenge in the present petition.
(3.) The petitioner has challenged the aforesaid order dated 21st June, 2004 by alleging serious allegations of mala fide against the Chairman, who has also been impleaded, in person as respondent No. 3. The allegations, accordingly to the petitioner, are that the husband of the petitioner and respondent No. 3 are real brothers. The petitioner's husband has a residential house in Agra in which her husband and respondent No. 3 along with other brother, namely, Late Sri S.C. Trivedi are the co-owners. After the death of the petitioner's mother-in-law, respondent No. 3 started harassing the petitioner and her husband and used to threaten to forcibly evict them whereupon the petitioner's husband filed Original Suit No. 402 of 1997 in the Court of Civil Judge(Senior Division), Agra, for restraining the respondent No. 3 from interfering in the peaceful possession. It is alleged that on receiving summons, the respondent No. 3 got furious and started harassment of the petitioner and her family by hiring unsocial elements to kill the whole family of the petitioner whereupon the petitioner herself made a written complaint on 12th June, 1997 to the District Magistrate, Agra requesting for police protection to safeguard the life of her family including herself. The respondent No. 3, who is an I.A.S. Officer in the State of Uttar Pradesh, by using his influence had forcibly thrown out the petitioner and her husband from the ancestral house 2/7 Ram Nagar Colony, Agra on the intervening night of 2/3.7.1997 on account of which the petitioner's husband had to request the College authorities on 7th April, 1997 to allot the official accommodation.;