Court restrains State of Rajasthan from evicting petitioner amid allegations of unauthorized subletting, directs State to file reply within two weeks
In a recent order dated September 7, 2026, the Rajasthan High Court (Jaipur Bench) has granted interim relief to Hari Om Singh, the petitioner residing in Government residential accommodation No. G-833 at Gandhi Nagar, Jaipur. The petitioner faced allegations from the State of Rajasthan accusing him of unauthorized subletting of the government accommodation, which he has denied.
The dispute arose after the petitioner received a notice dated July 22, 2026, alleging that persons other than the petitioner were residing in the government quarter. Hari Om Singh responded to this notice by clarifying that the only other occupant was his daughter, a family member, who was present during the inspection of the premises.
However, the State issued a subsequent order on August 3, 2026, escalating the allegations by asserting that the petitioner had sublet the accommodation. The petitioner’s counsel highlighted discrepancies between the initial notice and the later order, particularly noting that the inspection report, which formed the basis of the allegations, was never furnished to the petitioner. They further contended that the State was aggressively pursuing forcible eviction despite the ongoing legal challenge.
In response, the Additional Government Counsel requested time to file a detailed reply to the writ petition. The Court granted the State two weeks to file their response and scheduled the next hearing for September 28, 2026.
Crucially, until the next hearing date, the Court ordered that the petitioner must not be dispossessed from the government accommodation. This interim protection ensures that Hari Om Singh and his family can continue to reside in the house while the matter is adjudicated.
The Court also clarified that the presence of the Additional Government Counsel in the proceedings does not bar the State from applying for a stay vacation if deemed necessary.
This judgment reflects the Court’s cautious approach in cases involving government residential accommodation and allegations of subletting, emphasizing the need for due process and fair hearing before eviction.
Bottom Line:
Government accommodation - Allegation of subletting the house and dispossession - Interim relief granted restraining the respondent from dispossessing the petitioner from the Government accommodation till the next hearing date.
Statutory provision(s):
Government accommodation.
Hari Om Singh v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2975954
