JEEVAN KUMAR Vs. ESTATE OFFICER, DIRECTORATE OF ESTATES

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India impugns the order [dated 1st May, 2018 in CIS-PPA-4-2017 (CNR-DLST 01-002396-2017) of the Court of the District Judge (South) acting as the Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act)] of dismissal of the appeal preferred by the petitioner against the order [dated 14th March, 2017 of the respondent Estate Officer] in exercise of powers under Section 5 of the Act, of eviction of the petitioner from Quarter No.13, Block-72, Sector-1, M.B. Road (Type C), New Delhi, allotted to the petitioner owing to his employment in Survey of India and on a finding of the petitioner, instead of residing therein with his family, having sublet the same.

(2.) The petition was entertained and notice thereof issued and vide order dated 16th May, 2018, the respondent restrained from taking coercive action.

(3.) The counsel for the petitioner was heard on 21st August, 2018. During the hearing, he was unable to answer the factual questions put to him and was asked to call the petitioner who was earlier not present in the Court. Thereafter, the petitioner appeared in the Court and was heard and the counsel for the respondent also partly heard. While adjourning the matter to 23rd August, 2018, the petitioner was given yet another opportunity to bring to this Court all the records which he may want to rely upon to show residence of himself and his family in the said quarter as well as the persons who were found in the quarter at the time of inspection along with documents to show their residence and relationship with petitioner, for determining whether the petitioner, in this petition also, is indulging in falsehood and whether a direction for initiation of disciplinary action against the petitioner needs to be issued.