KARAMBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed challenging the judgment and order dated 02nd February, 2010 passed in W.P.(C) No.3364/2007 whereby the learned Single Judge has dismissed the appellant "â„¢s writ petition with costs of Rs.10,000/-. It is pertinent to mention that by way of the aforesaid writ petition, the appellant had challenged the order dated 25th April, 2007 passed by the Additional District Judge dismissing his appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 and upholding the eviction order passed by the Estate Officer.

(2.) Mr. Mahabir Singh, learned senior counsel for the appellant submitted that the learned Single Judge failed to appreciate that the appellant had given prior intimation to the department regarding short term stay of Smt. P.S. Malini. He further submitted that the Courts below wrongly held that the appellant could not take the plea of sharing of premises. In this connection, learned senior counsel drew our attention to S R 317-B-20 which provides that with prior intimation to the Estate Officer, an allottee of a Government accommodation can share his official residence with some other employee of the Central Government. Mr. Singh further pointed out that the appellant had filed a prior application dated 19th March, 2001 regarding sharing of the accommodation with the Directorate of Estates.

(3.) Having perused the papers, we deem it appropriate to reproduce the relevant portion of the Inspection Report dated 24th July, 2001: