HUKAM CHAND SUMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is aggrieved by the dismissal of OA No.409/1998 filed by the petitioner. Petitioner in the OA had questioned the order dated 22.12.1995 issued by respondents vide letter No. S-V/35/RKP/TB(A)/95 demanding from the petitioner's son payment @ Rs.3,060/- per month for 31 months amounting to Rs.94,860/- instead of recovering normal licence fee of Rs.210/- per month or at best at double the rate, i.e., Rs.420/- totalling to Rs.13,020/- in respect of the earlier quarter No. 341, Sector-4, R.K. Puram, New Delhi-110022.

(2.) The facts culminating in the filing of the writ petition may be briefly noted:

(3.) Learned counsel for the petitioner relies on Annexure P-III at page 30 of the Paper Book being the letter dated 15.2.1993 filed by Kanwal Suman, petitioner's son. Petitioner's son by the said letter, had sought regularization of quarter No. 341, Sector-4, R.K. Puram, New Delhi. Alternatively, he had requested for allotment of any other quarter at Lodi Road. His father's ``No objection'` and other documents as required, were furnished. The respondents, in turn, vide their letter dated 19.4.1993, called upon the petitioner's son to furnish photocopies of ration card etc. Petitioner's son duly complied with the same. Petitioner also wrote to the respondents in June, 1993 requesting for regularization. The respondents vide their letter of 23.7.1993, permitted the petitioner to occupy the existing accommodation for two months. Petitioner's son again reminded the respondents for allotment confirming through his office that he was residing with his father and had not drawn House Rent Allowance w.e.f. January, 1990. Petitioner also informed that his wife was immobile. He sought further permission to stay for four months. It would be relevant in this connection to refer to a letter dated 22.11.1994, while referring to the representation made by Kanwal Suman to the Minister for Urban Development. Petitioner's son was informed that it has been decided to sanction ad hoc allotment of type-B accommodation in the adjoining locality. The department of Excise had put an endorsement that the office had not received any allotment letter allotting quarter No. 57, Sector-5, R.K. Puram, New Delhi to Shri Kanwal Suman. It appears that in the interregnum, Kanwal Suman had been transferred to the Central Excise Audit located in Nehru Place and accordingly, the Administrative Officer vide his letter dated November, 1995, directed the communication received from the respondents to the said Division. Petitioner's son on receipt of the said communication conveying allotment of quarter No. 771, Sector-1, R.K. Puram, recorded that he could not take possession as he was on audit inspection. He again made the request for allotment to another suitable adjoining area.