UNION OF INDIA Vs. C K SAXENA

JUDGEMENT

(1.) Reply affidavit on behalf of the respondent has not been filed though opportunities for filing the same were given on 24.11.1999 and 29.2.2000. Learned Counsel for the respondent submits that he would argue the matter. With the consent of the parties the writ petition is taken up for disposal.

(2.) Petitioner Union of India has filed this writ petition assailing the order of the learned Additional District Judge, setting aside the order of eviction passed by the Director of Estates. The learned Additional District Judge set aside the order of eviction on the ground that allotment of the residential premises in favour of the respondent had been cancelled vide letter dated 4.3.1997, without giving any show cause notice. The learned Additional District Judge held that proceedings initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, pursuant to the said order of cancellation, were illegal and of no effect.

(3.) Respondent No. 1 had retired as a Junior Accounts Officer on 31.12.1996. By virtue of Supplementary Rule 317-B(1)(2) & (3), respondent No. 1 was entitled to continue in occupation of the premises only for a period of four months after retirement, i.e. till 30th of April, 1997.