Ranjeeta Digal vs. State Of Odisha

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioners as well as learned Additional Government Advocate for the State of Odisha. Perused the Writ Petition as well as the documents annexed thereto.

The Petitioners have filed the present writ application with the following prayer:

Learned counsel for the Petitioners at the outset contended that being aggrieved by the Notice dated 03.07.2025 whereby the Deputy Commissioner of CT & GST, CT & GST Circle, Phulbani has directed the Petitioners to vacate the Govt. Qrs No.E-8 at C.T.Colony, Phulbani, the Petitioners have approached this Court by filing the present Writ Petition.

Learned counsel for the Petitioners further contended that the Petitioner No.1 is the wife of Opposite Party No.4, who is a Government employee working in CT & GST Department and Petitioner Nos. 2 & 3 are daughter and son of Petitioner No.1 and Opposite Party No.

Learned counsel for the Petitioners further submitted that there exists a matrimonial dispute between the Petitioner No.1 and Opposite Party No.4, as a result of which a proceeding bearing CRP No.27 of 2018 is pending before the Judge, Family Court, Phulbani. He further referring to the order dated 06.12.2022 passed by a coordinate bench of this Court in RPFAM No.275 of 2018 submitted that the said case was disposed of by granting interim maintenance of Rs.10,000/- to the Petitioners which includes Rs.4000/- to Petitioner No.1-wife and Rs.3000/- each to Petitioner Nos.2 & 3 each. He further contended that since the Petitioners have been deserted by Opposite Party No.4 . and that Petitioner No.2 is likely to appear in the +2 Examination, the Petitioners require some more time to vacate the quarter.

Learned Additional Government advocate contended that the Quarter is a Government quarter which was initially allotted in favour of Opposite Party No.

In the meantime Opposite Party No.4 has been transferred and he is required to vacate the quarters. However the petitioners are forcibly occupying the Government quarters. He further contended that in spite of several notices, the quarter has not been vacated which caused inconvenience to the employees, who had come in place of Opposite Party No.

In such view of the matter, learned counsel for the State contended that the Petitioners have no right to retain the quarters. As such they are treated as trespassers. He also submitted that the Writ Petition is devoid of merit and is liable to be dismissed.

Having heard learned counsels for the respective parties, on careful examination of the background facts of the present case as well as the documents annexed to the Writ Petition and further keeping in view the order under Annexure-5, this Court is of the view that the Petitioners have no legal right to continue in the Government accommodation. Accordingly, while disposing of the present Writ Petition, this Court holds that by issuing notice under Annexurre-2 the Opposite Party No.2 has not committed any illegality. However, considering the inconvenience likely to be caused to the Petitioners, this Court grants two months’ time to the Petitioners to vacate the Quarter No.E-8 at CT Colony, Phulbani, failing which it is open . to Opposite Party No.2 to vacate the quarter in accordance with law.

With the aforesaid observation/direction, the Writ Petition stands disposed of.

Issue urgent certified copy of this order as per Rules.