UNION OF INDIA (UOI) Vs. MR. RAM LAL

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge the order of the learned Additional District Judge, New Delhi passed in PPA No. 26/2005, thereby setting aside the order passed by the Estate Officer.

(2.) MS . Rajdipa Behura, counsel for the petitioner assailing the order passed by the learned Additional District Judge submits that the learned Appellate Court failed to appreciate that the show cause notice was duly served upon the respondent through affixation. Counsel further submits that the respondent had deliberately locked his house from 7.10.89 to 16.10.89 and because of such avoidance by the respondent show cause notice was pasted by the concerned officer of the petitioner on the main door of the railway quarter as was allotted to the respondent. Counsel further submits that the learned Appellate Court failed to appreciate the fact that allotment of the railway quarter was cancelled as the same was sublet by the respondent in favour of one Mr. Hyat Singh and his family. Counsel states that the Appellate Court also failed to appreciate that the respondent neither submitted any reply to the show cause notice nor to the cancellation order and therefore, in the absence of any reply filed by the respondent, no fault can be found with the findings of the Estate Officer, who based on the material on record, found the railway quarter sublet in favour of Hyat Singh. Counsel further submits that once the allotment of said railway quarter was cancelled by the Estate Officer vide notice dated 4.6.90 after being duly satisfied that the respondent has unauthorisedly sublet the quarter, therefore, after cancellation of his allotment, the respondent was liable to pay damages for the period of unauthorized occupation. Counsel thus submits that the order passed by the learned Appellate Court is ex -facie illegal as the learned Appellate Court failed to appreciate the valid and just reasons given by the Estate Officer.

(3.) I have heard learned Counsel for the parties and gone through the records.