LAWS(KAR)-2022-11-936

HMT RETIRED EMPLOYEES Vs. UNION OF INDIA

Decided On November 09, 2022
Hmt Retired Employees Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioner-Association is the Retired Employees Association of respondent No.2-Hindustan Machine Tools (for brevity hereinafter referred to as "Company"). It is the case of the petitioner-Association that members of the petitioner-Association were allotted quarters at the premises of the respondent No.2- Company and are provided with amenities. In view of the fact that the premises have been controlled by the respondent No.2- Company and are "public premises", and therefore, the premises is regulated under the provisions of Karnataka Public Premises (Eviction of unauthorised occupants) Act, 1974 (for brevity hereinafter referred to as the 'Act'). It is the case of the petitioner-Association that only the Estate Officer has the power to get the premises evicted from an unauthorised occupant. It is the further case of the petitioner-Association that appointment of the Estate Officer by the respondent No.5 is contrary to law, hence the present writ petition is filed challenging the appointment of respondents 6 and 7 as Estate Officers under the Act.

(2.) On service of notice, the respondent entered appearance and filed detailed statement of objection contending that the petitioner-Association has no locus standi to challenge the appointment of Estate Officer and it is also stated that the appointments have been made in terms of the provisions under the Act and accordingly sought for dismissal of the writ petition.

(3.) Heard Ms. Sofiya, learned counsel for the petitioner- Association and Sri Unnikrishnan, Central Government Counsel for Respondents 1 to 7.