STATE OF UTTAR PRADESH Vs. RUPLAL SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is by the State of U. P. as they failed to get an order of eviction against first respondent Roop Lal Sharma a retired Government servant from a Government quarter as per the provisions of U. P. Public Premises (Eviction of Unauthorised Occupants Act, 1972 (for short the Act).

(3.) Admitted facts are Roop Lal Sharma was a government servant. Quarter No. 34 situated at Mohalla Facirganj, Old Katra, Allahabad was allotted to the first respondent on payment of rent by the officer incharge of Government Estates, Allahabad. When first respondent retired from Government Service the State moved the prescribed authority under the Act for an order of eviction under Section 5 of the Act, On 22-3-1978, the prescribed authority passed an order of eviction dismissing the application by observing that "it is not possible to hold that the house in question is public premises or that the opposite party is an unauthorised occupant of it." After the said order, the appellant sent notice to the first respondent determining the lease, and on the expiry of the period specified in that notice appellant moved a fresh application under Section 4 of the Act before the prescribed authority. Even on this time the application was dismissed on the principles of res judicata in that the earlier order dated 22-3-1978 would operate as a bar against the appellant from seeking eviction of the first respondent under the provisions of the Act, Appellant thereupon went in appeal before the District Judge who was the appellate authority under the Act, but the appeal was dismissed. A writ petition was filed before the High Court of Allahabad challenging the said orders, but the said writ petition was also dismissed by the impugned judgment.