LAWS(DLH)-2010-12-437

DHARAM RAJ Vs. UNION OF INDIA AND ANR

Decided On December 20, 2010
DHARAM RAJ Appellant
V/S
Union Of India And Anr Respondents

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the Petitioner seeks to challenge the eviction order dated 25.7.2006 passed by the Estate Officer and the order dated 25.8.2007, passed by the learned ADJ, Delhi, thereby dismissing the appeal filed by the Petitioner.

(2.) Brief facts of the case relevant for deciding the present petition are that the Petitioner by virtue of being an employee in the Department of Chemicals and Petrochemicals was allotted a government accommodation bearing No. Sec-1/17/14, M.B Road, New Delhi. That on an inspection carried out on 20.1.2006, one Dharamendara Kumar, nephew of the Petitioner, was found in the occupation of the said premises and hence suspecting that the premises were sublet by the Petitioner, a show cause notice dated 19.4.2006 was served on him and vide order dated 27.4.2006 a cancellation order was passed. Consequently an eviction order dated 25.7.2006 was passed against which the Petitioner preferred an appeal under Section 9 of the Public Premises Act which vide judgment and decree dated 25.8.2007 was dismissed. Feeling aggrieved with the above two orders, the Petitioner has preferred the present petition.

(3.) Pursuant to order dated 16.12.2010, counsel for the Petitioner has produced affidavit of the Petitioner along with supporting documents. Same are taken on record.