Smt. Shirin Khan vs. State Of Chhattisgarh

WPS/496/2022HC ChhattisgarhGSTCNR CGHC01002373202230 January 2022Bench: HON'BLE SHRI JUSTICE SANJAY K. AGRAWAL3 pages
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Held

The Court granted the petitioner time until March 13, 2022, to vacate the government quarter, taking into account the COVID-19 situation. This extension was made conditional upon the petitioner depositing the penal rent up to that date, if it had not already been deposited. The petitioner was further directed to file an undertaking within seven days from the date of the order, assuring the concerned authority that she would vacate the quarter on or before March 13, 2022. The writ petition was finally disposed of with these directions. No issue was expressly left undecided.

Facts

The petitioner, Smt. Shirin Khan, a retired Assistant Grade-2, was directed to vacate her government quarter by an order dated January 12, 2022, effective from her retirement date of June 30, 2021. She filed a writ petition seeking an extension of two months to vacate the quarter. The petitioner had already deposited a penal rent of Rs. 10,800/-. The State counsel opposed the prayer for extension. The High Court considered the submissions and the prevailing COVID-19 situation.

Key Issues

1. Whether the petitioner should be granted an extension of time to vacate the government quarter, considering her retirement and the COVID-19 situation. Petitioner's contention: The petitioner argued that she required an additional two months to vacate the government quarter after her retirement. She also submitted that she had already deposited the penal rent of Rs. 10,800/-, indicating her compliance and willingness to meet financial obligations. The petitioner implicitly relied on the prevailing circumstances, such as the COVID-19 pandemic, to justify the need for an extension. Revenue/State's contention: The State counsel opposed the prayer made by the petitioner for an extension of time to vacate the government quarter. No specific legal provisions or precedents were cited by the State in their opposition.

AI-generated summary — verify with the full judgment below

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Smt. Shirin Khan W/o Nurul Huda Khan, Aged About   62   Years,   Retired   Assistant   Grade­2, R/o   D­2,   Old   Pension   Bada,   Near   Kundan Palace,

Raipur,

District

Raipur Chhattisgarh. ­­­­ Petitioner Versus

1.

State Of Chhattisgarh Through The Secretary, Commercial Tax Department (GST), Mantralaya, Atal Nagar, Naya Raipur (Chhattisgarh).

2.

The   Director,   Directorate   Of   Estate, Mantralaya,   Atal   Nagar,   Naya   Raipur (Chhattisgarh). ­­­­ Respondents For Petitioner :­ Mr. Anil S. Pandey, Advocate. For State/Respondents :­ Mr. Hari Om Rai, PL Hon'ble Shri Justice Sanjay K. Agrawal Order On Board (Through Video Conferencing) 31/01/2022

1.

This writ petition is directed against the order   dated   12.01.2022   by   which   petitioner has been directed to vacate the government quarter

after

her

retirement

i.e. 30.06.2021. 2. Mr. Anil S. Pandey, learned counsel for the petitioner,   prays   for   further   two   months time   to   vacate   the   government   quarter.   He further   submits   that   the   petitioner   has already   deposited

The judgment continues below.

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Reproduced from the public record of the Chhattisgarh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.