2025:HHC:5834 IN THE HIGH COURT OF HIMACHAL PRADESHAT SHIMLA CWP No.899 of 2025 Decided on:12.03.2025 __________________________________________________________ Yashika Negi ...Petitioner Versus State of Himachal Pradesh & ors. ...Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioner: Mr. Mukul Sood, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Additional Advocate General, for respondents No.1 & 2-State. Mr. Manoj Kumar, Clerk, GAD (D) Section, H.P. Secretariat, in person along with records. Mr. Hukam Singh, Clerk, GAD (D) Section, H.P. Secretariat, in person along with records. G.S. Sandhawalia, Chief Justice [Oral] During the course of argument, it transpires that a fresh order dated 23.01.2025, has been passed by Director of Estates, Himachal Pradesh, whereby 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:5834 - 2 - petitioner’s request for alternate government accommodation for Type-III, could not be acceded to as the earlier allotment in her favour was deemed to be cancelled. 2. A perusal of communication dated 26.10.2023 [Annexure P-4], would go on to show that on account of non-occupation of Set No.25/60, Type-III, Nabha Estates, Shimla-4, the said order was passed deeming the allotment to be cancelled keeping in view Rule 9 of the Himachal Pradesh Allotment of Government Residences (General Pool), Rules, 1994. The said Rule is reads as under:- 9. Non-acceptance of allotment or failure to occupy the allotted residence after acceptance.— (1) If an officer/official fails to accept the allotment of residence of the type to which he is entitled within five days or fails to take the possession of that residence after allotment within eight days from the date of receipt of letter of allotment, he shall not be eligible for another allotment for a period of one year from the date of allotment letter.” 3. It is thus apparent that on account of cancellation, the petitioner would now be eligible for the alternate allotment after a period of one year from the date of allotment letter i.e. 04.04.2023 [Annexure P-1]. 2025:HHC:5834 - 3 - 4. Since, it is a case of allotment of government accommodation on out of turn basis and the petitioner had expressed a difficulty to occupy the said premises on account of bad condition, proper ventilation and the fact that her in-laws were aged and the accommodation was far from the road, we are of the considered opinion that it is open to the petitioner to apply afresh for allotment of government accommodation, as per Rules. 5. In view of the above, the present writ petition is disposed of along with pending miscellaneous application(s), if any. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge March 12, 2025 [Shivender/Himani]