J P YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) W.P.(C) 11063/2006 was filed impugning the order/judgment dated 18th May, 2006 of the Addl. District Judge dismissing the appeal under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act) of the petitioner against the order of the Estate Officer of eviction of the petitioner from the government accommodation allotted to the petitioner by virtue of his employment as Operator, Telecommunication with the Ministry of Finance, for the reason of subletting. Notice of the petition was issued and vide interim order dated 17th July, 2006 dispossession of the petitioner from the government accommodation stayed. However on 18th April, 2009 it was informed that the petitioner had vacated the said government accommodation on 20 th February, 2009. Rule was issued in the petition. Counter affidavit has been filed by the respondents. no.1 to 4. No rejoinder has been filed by the petitioner.

(2.) W.P.(C) 5754/2010 was preferred impugning the demand contained in the letters dated 8 th September, 2009 and 10 th May, 2010 of the Directorate of Estates demanding a sum of `7,07,874/- on account of licence fee/damages for occupation of the aforesaid quarter and to restrain the respondents from initiating any coercive action for recovery of the said amounts till final adjudication of W.P.(C) 11063/2006. Notice of the said petition was also issued and vide interim order dated 31st August, 2010 the demand stayed. Counter affidavit has been filed by the respondents and to which rejoinder has been filed by the petitioner.

(3.) THOUGH the petitioner has already delivered possession of the premises but the challenge to the order of the Addl. District Judge has still to be adjudicated since the petitioner in W.P.(C)5754/2010 is impugning the demand for damages solely for the reason of pendency of the challenge to the order of eviction.