1 2025:CGHC:40383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4279 of 2025 1 - Baleshwar Kumar S/o Late Shri Dukhi Kumar Aged About 51 Years R/o Jarhi Colony, House No. 345, Urja Nagar, District Surajpur Chhattisgarh ... Petitioner(s) versus 1 - South Eastern Coalfields Limited Through Chairman Cum Managing Director, S.E.C.L., Seepat Road, Bilaspur, District Bilaspur, Chhattisgarh 2 - The General Manager Personnel And Administration S.E.C.L. Seepat Road, District Bilaspur Chhattisgarh 3 - General Manager (West) Recruitment Welfare S.E.C.L. Seepat Road, District Bilaspur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. T.K. Tiwari, Advocate For Respondent(s) : Mr. Vinod Deshmukh, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 12/08/2025 1. With the consent of the parties, the present petition is heard finally. 2. By way of the present petition, the petitioner has prayed for the following reliefs: 2 “10.1. That, this Hon’ble Court may kindly be pleased to call for the entire record pertaining to the enquiry initiated by the respondent no. 4 against the petitioner for eviction of the allotted house. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus as to quash (Annexure P/1) passed by the respondent no. 4. 10.3 That, the Hon’ble Court may be pleased to issue a writ of mandamus commanding to the respondents as to not issue any notice or initiate any proceeding as to evict the petitioner from his allotted house in which he residing with his family and waiting for justice. 10.4 That, any other relief which this Hon’ble Court deems fit and proper in favour of the petitioner may kindly be passed.” 3. Learned counsel for the petitioner submits that the petitioner is aggrieved by the order dated 24.07.2025 passed by Respondent no. 4 by which the petitioner has been ordered to vacate the House No. M-345 which has been allotted to the petitioner in accordance with service rules. 4. Learned Counsel for the respondent submits that the petitioner was terminated from the service on 25.06.2007 and he has no 3 right to retain the company quarter. The Staff Officer under The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 has passed the order dated 24.07.2025 (Annexure P/1) in pursuance of the order dated 23.05.2025 passed in WP No. 725/2025. By the Annexure P/1 the petitioner was directed to vacate the quarter. He further submits that the order passed by the Staff Officer is an appealable order under Section 9 of the Act, 1971, therefore, the present writ petition is not maintainable. Even otherwise, there is no provision to retain the company quarter after dismissal from employment. 5. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 6. Perusal of record shows that as per Annexure P/7, the General Manager, SECL, Bilaspur issued notice to the petitioner on 22.07.2025 stating that he may appear before the appellate authority on 04.08.2025 at 11:00 A.M. However, before hearing of the appeal Staff Officer has passed the order on 24.07.2025 and directed the petitioner to vacate the House No. M-345. 7. Looking to the facts and circumstances of the case, and further considering the fact that the departmental appeal is still pending before the competent authority, the respondent no. 2 & 3 are directed to decide the appeal expeditiously as soon as possible preferably within 60 days from the date of receipt of the copy of this order. 4 8. Accordingly, the present writ petition stands disposed of. 9. Meanwhile, no coercive step shall be taken against the petitioner subject to payment of penal rent of the quarter as per rule. Sd/- (Arvind Kumar Verma) JUDGE Madhurima