SMT. USHA CHHETRI Vs. DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) HEARD Sri Rakesh Thapliyal, Advocate for the petitioner, Standing Counsel for the respondents No. 1 and 2 and Sri Sandeep Tandon, Advocate for the respondents No. 3 and 4. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 20.2.2005 and 5.10.2002 (Annexures No. 14 and 15 to the writ petition).

(2.) BRIEFLY stated, vacancy proceedings were initiated with regard to House No. 3 (Singh Estate) situate at Mohalla Hiradungi, Almora, District Almora. The respondent No. 3 is a landlord of the building in question. The building in question was allotted to the, 35 Bn. SSB, Almora vide allotment order No. 48 dated 28.8.1975 and in the year, 1993, the department has already constructed his own building. After constructing the own building, on 29.10.1993, the Commandant informed the D.S.O. Almora that the building in question is not required by the Commandant SSB Almora and the building in question be treated to be deemed vacant.

(3.) ON 29.9.2001, Smt. O.C. Singh and two others filed a regular suit on the Court of Civil Judge (Senior Division), Almora being Civil Suit No. 63 of 2001 for ejectment of the petitioner from the premises in question.