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Judgment
5 paragraphs · 315 wordsKuldeep Tiwari, J
Through the instant writ petition, the petitioner impugns the order dated 20.02.2026, whereby she has been directed to vacate the government accommodation, i.e. House No.910-A, Sector 17-B, Gurugram, up to 22.03.2026.
While referring to the order dated 18.11.2025 (Annexure P2), learned senior counsel for the petitioner, inter alia, submits that the allotment of the house in question was extended till 31.05.2026 by the authority concerned. However, without considering the said extension, the impugned order dated 20.02.2026 has been passed. It is further submitted that, as per the extension granted to the petitioner, she is under statutory obligation to pay the rent up to 31.05.2026, and she undertakes to hand over the vacant possession of the house in question to the authority concerned on or before 31.05.2026.
Although the learned State counsel, who represents the respondents, has joined the issue with regard to competence of the authority concerned to pass the impugned order directing the petitioner to vacate the house in question, he has been unable to satisfactorily explain as to why the extension of allotment granted to the petitioner up to 31.05.2026 was not considered by the authority concerned prior to passing of the impugned order.
In view of the above, this Court is of the considered opinion that the impugned order cannot be sustained and warrants interference. Accordingly, the instant writ petition is allowed and the impugned order is set aside. The petitioner is permitted to retain possession of the house in question up to 31.05.2026. The petitioner shall, however, positively hand over vacant possession of the house to the authority concerned, on or before 31.05.2026. In the event of non-compliance, the petitioner shall be liable to pay penal rent and also invite proceedings for contempt of this Court. It is clarified that the petitioner shall continue to pay the rent regularly, as has been done hitherto.
