' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed by Mst. Shafia Salma who is a teacher in the Government Girls School No,1, Sheikhupura, and her husband Rana Muhammad Idress, Taxation Officer of the Municipal Committee, Sheikhupura.
2. Their grievance is that the petitioner was allotted Civil Servant Quartar No,C-3 Sheikhupura on 28-3-1996 where she is living alongwith her family. On 9-6-1998 Deputy Commissioner, Sheikhupura, purported to cancel the allotment of the quarter to petitioner No,1 and allotted it to his Personal Assistant, Azam Khan, respondent No,3. Petitioner No,1 filed a representation/appeal to the Government of Punjab, S&GAD Department, in which an interim order was passed by respondent No,6 on 22-6-1998 whereby the Deputy Commissioner was directed not to disturb petitioner No,1 till disposal of the appeal. According to the petitioners notwithstanding the aforesaid order, the Deputy Commissioner deputed City Magistrate, Sheikhupura, to eject the petitioners by force from the quarter. Pursuant thereto the house of the petitioners was raided and the petitioners and their children were turned out of quarter which was sealed. However subsequently the Deputy Commissioner directed desealing of the quarter and removal of the police from there. The petitioners were allowed to reoccupy, the quarter. On 31-10-1998 the appeal/representation of the petitioners was accepted by the Government which directed the Deputy Commissioner that as he was custodian of the people's rights, he should not resort to forcible eviction of the residents to accommodate his own staff. The petitioners apprehending the illegal eviction on the part of the Deputy Commissioner have filed this petition.
3. Learned counsel for the petitioner has contended that allotment of the quarter in the name of the petitioner No,1 still subsists by virtue of order passed by the Government of Punjab and as such she cannot be asked to vacate that quarter or to shift to some other place. In the reply filed by Deputy Commissioner, Sheikhupura, it has been stated that on creation of District Sheikhupura from the outset a civil quarters colony was established in the city of Sheikhupura for Government servants. It has further been stated that quarter No, C-3 has been earmarked for the officials of Deputy Commissioner's Office and, therefore, its allotment to a person other than the officials of D.C. Office was against the allotment policy. Same stand has been retierated by the learned Assistant Advocate-General.
4. It is common ground between the parties that Deputy Commissioner, Sheikhupura, had allotted quarter in question to petitioner No,1 who was serving as a teacher in the employment of Government of Punjab. It is also not disputed that the petitioner occupied the quarter pursuant to the allotment letter and is living there with her family. However, her allotment was cancelled on 5- 6-1998 by the Deputy Commissioner, Sheikhupura, who allotted the same to his Personal Assistant, Mr. Azam Khan. Against this order of the Deputy Commissioner, the petitioner represented to the Government of Punjab which on 22-6-1998 directed the Deputy Commissioner not to disturb the possession of the petitioner. The final order in this regard was passed on 31-10-1998 in the following terms:-- "In this connection it is informed that Mst. Shafia Salma, SST, cannot be asked to vacate the lawfully allotted residence No,C-3 of Civil Quarter Colony, Sheikhupura, unless she becomes an unauthorized occupant on ground contained in para. 5.45 of Civil Service Rules (Punjab) and legal formalities are observed. The Deputy Commissioner's Office, being the custodian of people's right, should not resort to forceful vacation of residences to accommodate its staff and attempts by the subordinate officers to seek her consent by pressurizing the lady or her husband should be stalled personally by the Deputy Commissioner."
5. It is a matter of great regret that despite the order passed by the Government of Punjab which was not only very clear and unambiguous but also in a way disparaging the Deputy Commissioner is continuing with his efforts to oust the petitioner from the quarter merely to accommodate his Personal Assistant. This attitude of a head of a District Administration cannot be appreciated. It is a fundamental right of every citizen to be dealt in accordance with law and law alone and not on the basis of whims and caprice of the executive authorities.
' In view of the above, this petition is allowed and the impugned action of the Deputy Commissioner is declared to be without lawful authority and of no legal effect and he is directed to refrain from interfering in possession of the petitioner except in accordance with law.
' No order as to costs.