S NARSIMHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this writ petition, seeking a writ of certiorari to quash the order of the Estate Officer dated 15.11.1978, by which the Estate Officer under Sub Section 2 of Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 directed the petitioner to pay the sum of Rs. 6,395.05, assessed by him, as damages for the alleged unauthorised occupation of the Government quarter No. DG-927, Sarojani Nagar, New Delhi. Petitioner was required to pay the first instalment by 15.12.1978 and remaining amount in 25 equal monthly instalments. Petitioner disputed his liability to pay the above damages.

(2.) The facts in brief are as under:

(3.) Learned counsel submits that due notice had been given, as such the petitioner stands discharged of any liability with regard to the rent or payment of charges for occupation. Petitioner claims that since he had vacated the premises and duly notified the respondents of the same, no deduction was made from his salary or claim made on him till the impugned notice. Petitioner had preferred an appeal before the Additional District Judge, who, however, dismissed the said appeal as being barred by limitation by few days.