KUNWAR LAL Vs. ESTATES OFFICER INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) The matter is heard through video conferencing.

(2.) With the consensus arrived at between the parties to the writ petition, a middle path is being carved out for the purposes of deciding this lis finally.

(3.) The facts, which are undisputed is that the petitioner, who was serving with the respondent in MES, had attained the age of superannuation in 2014. Be it, be under whatsoever circumstances, he is alleged to have continued to occupy the premises, which was allotted to him. Consequently, a show cause notice was said to have been issued by the respondent under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, and consequent to the show cause notice, the proceedings, by way of a Case file No. ITM/3544/Wks(008) dated 13.09.2019, was initiated as against the present petitioner. The petitioner filed his reply on 18.09.2019; the copy of which was served on the respondent on 19.09.2019; and consequently, on the very next date, i.e. 20.09.2019, it is contended by the petitioner that the said case was decided without even adherence of principles of natural justice and no effective hearing was provided to the petitioner and the matter was decided, directing to take an action in accordance with Section 5 (1) of the Act for evicting the petitioner.