V.M. Sahai, Barkat Ali Zaidi, J. - (1.) The petitioner is a Mukhya Sevika Child Development, presently working with respondent no. 3 at Saharanpur, who has recently joined there after her transfer back from Meerut to Saharanpur. During her earlier posting, a Government accommodation bearing House No. D-14, situate in Official Colony, Saharanpur was allotted in her favour. On her transfer to Meerut, the said accommodation was allotted to some one else and subsequent to it to Respondent no. 4 and the respondent District Magistrate had asked her to vacate the aforesaid accommodation vide order dated 8.7.2005, Annexure - 1 to the writ petition. Copy of the allotment letter is on record as Annexure -C.A.1.
(2.) Since the petitioner did not vacate the house in question, the District Magistrate, Saharanpur had directed the Tehsildar Saharanpur vide order dated 28.10.2005, Annexure- C.A. 1 on the record, to deliver its actual possession to respondent no.4 with a further direction that the belongings , if any, of the petitioner, kept in the house, be shifted to a room therein. The respondent no.4, subsequently, obtained the actual possession of the house in question vide order dated 8.11.2005 , Annexure- C.A.3 on the record, through the Naib Tehsildar in consonance whereof, she was also asked to take away her belongings which were placed under seal by the Naib Tehsildar in a room of that house. Notwithstanding, the appellant did not remove her belongings despite directions sent by her superior officer, Meerut to her on 24.2.2006 and thereafter also by the District Magistrate, Saharanpur on 18.2.2006 to her for taking away her belongings therefrom , otherwise, she will be liable for action. The appellant only took away some of her belonging on 13.11.2005, kept in the sealed room after obtaining the permission for it from the concerned authority, also giving an undertakings dated 13.11.2005, that she will take away her belongings and will hand over vacant possession of the said room to respondent no.4 on 20.11.2005. Since, she did not yield to the directions of the District Magistrate, Saharanpur and her superiors at Meerut, the District Magistrate, Saharanpur passed an order on 29.3.2006, Annexure- C.A.6 on the record, that her belongings kept in the room of the house be removed and be kept in the Tehsil which the Tehsildar complied with on 1.4.2006 and delivered the vacant possession of the aforesaid room to respondent no. 4.
(3.) The petitioner filed this petition before this Court on 12.4.2006 without impleading Respondent no. 4 at the present alleging she was in possession of the aforesaid house where her belongings were sealed by the respondent Nos. 1 and 2. The aforesaid house was allotted by the respondent District Magistrate to one Satendra Kumar on 27.7.2005 but he was not in it's possession. Since she is back again from Meerut to Saharanpur vide order dated 28.3.2006, Annexure-C.A.7 on the record, the house be re-allotted in her name praying also that the actions proposed against her for not vacating the house by the Additional District Magistrate, District Magistrate on 24.2.2006 and by District Program Officer, District Meerut on 18.2.2006 , Annexures- 8 & 9 of the writ petition, be quashed.;