IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION Nos.30338-341 OF 2019 (GM-RES) BETWEEN:
1. Ashok Mantagi S/o late Pralhad Mantagi, Age 39 years, R/at Type-III Quarter No.4/2, DGQA Residential Complex, Gunatha Vihar Post, J.C.Nagar, Bengaluru – 06.
2. Archana Jha W/o Sunil Kumar Jha, Aged about 33 years, R/at Type-III Quarter No.02/06, DGQA Residential Complex, Gunatha Vihar Post, J.C.Nagar, Bengaluru – 06.
3. Tazimulla Sheriff S/o late Dowood Shariff, Age 52 years, R/at Type-III Quarter No.11/6, DGQA Residential Complex, Gunatha Vihar Post, J.C.Nagar, Bengaluru – 06.
4. B.Ram Kumar, S/o O.R.Bhaktavatasala, Age 59 years, R/at Type-III Quarter No.05/12, DGQA Residential Complex, Gunatha Vihar Post, J.C.Nagar, Bengaluru – 06. (By Sri.R.Shashidhara, Advocate) AND:
1. The Director General, Controllerate of Quality Assurance (Electronics), Ministry of Defense (DGQA), J.C.Nagar Post, Bengaluru – 560006.
2. The A.A.O.G.E.(North) T/64, Meance Lines, MEG & Center, Bengaluru – 560042.
3. The Commandant and MD, 515 Army Base Work Shop, Ulsoor, Bengaluru – 560008.
... Petitioners 4. The Director, DQA(L), G Block, DHQ PO, New Delhi – 110011.
(By Sri.M.N.Kumar, CGC) ... Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by the R-1 dated 28.02.2019 vide Annexure-F, dated 04.04.2019 vide Annexure-F1, dated 28.02.2019 vide Annexure-F2, and dated 28.02.2019 vide Annexure- F3 to this Writ Petition and etc., These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.R.Shashidhara, learned counsel for the petitioners.
Sri.M.N.Kumar, learned Central Government Counsel for respondents.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners inter alia seek quashment of the order passed by first respondent i.e., NO.012660/ACCN/RETN- EXTN/19(11) dated 28.02.2019 vide Annexure-F, No.10106/CQAL/Est(NIP) dated 04.04.2019 vide Annexure-F1, No.012660/ACCN/RETN-EXTN/19(13) dated 28.02.2019 vide Annexure-F2 and No.012660/ACCN/RETN-EXTN/19(12) dated 28.02.2019 vide Annexure-F3.
3. When the matters were taken up today, learned counsel for the petitioners submitted that petitioner Nos.1 to 3 are posted in Bengaluru and are entitled to retain the accommodation which has been allotted to them. It is further submitted that with regard to their grievance, they have submitted a representation to respondent No.1 and the aforesaid authority be directed to decide the representation, which is pending consideration before it.
4. On the other hand, learned Central Government Counsel submitted that suitable action on the representation submitted by the petitioners shall be taken in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to respondent No.1 to consider and decide the representation submitted by the petitioners in accordance with law by a speaking order, within a period of two weeks from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE dn/-