Telangana High Court
Dr Jagannath Majhi, vs The Union Of India on 7 January, 2025
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT APPEAL No.37 of 2025
JUDGMENT:
(Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. G.L.Narasimha Rao, learned counsel for the
appellant.
Mr. Gadi Praveen Kumar, learned Deputy Solicitor
General of India for the respondents.
2. In this intra court appeal, the appellant has assailed
the validity of the order dated 03.10.2024 passed by the
learned Single Judge by which the writ petition preferred
by the appellant, namely W.P.No.27762 of 2024, was
disposed of with the liberty to the appellant to submit a
detailed representation within a period of three months
and to furnish an undertaking that he will remove cows
and calves from the Government accommodation. The
learned Single Judge has further directed that if the
appellant removes the cows and calves from the said
premises and if he is otherwise entitled to continue in the
Government accommodation as per the rules framed by the
Government, the respondents shall consider the case of the
appellant to continue him in the same accommodation.
3. Facts giving rise to filing of this appeal briefly stated
are that the appellant is employed as Joint Director,
Directorate of Census Operations, Government of India.
The appellant was allotted a Government accommodation
on 10.05.2022, namely Government quarter Type-V, 86-A,
GPRA Campus, Gachibowli, Hyderabad. According to the
appellant, his daughters are studying in 10th and 8th
classes. The appellant is rearing cows and calves at his
residence. On receipt of the aforesaid information, the
Deputy Director of Estates, by a communication dated
18.09.2024, and the Estate Officer, by an order dated
25.09.2024, directed the appellant to vacate the
Government accommodation within a period of fifteen days.
The appellant thereupon submitted a detailed
representation on 27.09.2024. However, the aforesaid
representation failed to evoke any response. Thereupon,
the appellant filed the writ petition which has been
disposed of by the learned Single Judge as stated in the
preceding paragraph. Hence, this appeal.
4. Learned counsel for the appellant has submitted that
one month's more time be granted to the appellant to
furnish the undertaking that he will remove the cows and
calves from the Government accommodation and within
the aforesaid period, the appellant shall submit a detailed
explanation to the Deputy Director of Estates.
5. Learned Deputy Solicitor General of India appearing
for the respondents has submitted that the order passed by
the learned Single Judge does not call for any interference.
6. We have considered the rival submissions made on
both sides and have perused the record.
7. In the facts and circumstances of the case and
taking into account the fact that the appellant has two
daughters who are school going and one of them is
appearing in 10th class Board Examination, we deem it
appropriate to grant a month's additional time to the
appellant from today to submit a detailed explanation and
to furnish an undertaking that he will remove the cows and
calves from the Government accommodation. On receipt of
such explanation, the competent authority shall decide the
entitlement of the appellant to continue in the Government
accommodation as per the rules framed by the
Government.
8. To the aforesaid extent, the order passed by the
learned Single Judge is modified.
9. In the result, the appeal is disposed of.
Miscellaneous applications pending, if any, shall
stand closed. However, there shall be no order as to costs.
______________________________________
ALOK ARADHE, CJ
______________________________________
J.SREENIVAS RAO, J
07.01.2025
Note: Issue C.C today.
B/o.
vs
