KHEMABHAI NANJIBHAI NAGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the legality and validity of the order passed by respondent No.1 dated 21.8.2010 in Eviction Case No.9 of 2010 and the judgment and order dated 18.8.2011 passed by the Principal Judge, City Civil Court, Ahmedabad in Regular Civil Appeal No.10 of 2011.

(2.) THE facts emerging out of this petition are that the petitioner was Class IV employee and was working as Peon in the office of respondent No.2 since 24.9.1962. In capacity as employee of respondent No.2, the petitioner was allotted rent free quarter at M.R. Hostel Compound at Shahibaug being quarter No.4 in the year 1971. The petitioner retired from service on attaining superannuation with effect from 31.8.2001. It is the case of the petitioner that the petitioner is occupying the said premises and is living with his family consisting of 5 members since 40 years. It appears from the record that there are 22 such one room quarters in the M.R. Hostel Compound. The said building was used as a student hostel for the students studying in R.C. High School, Shahibaug, Ahmedabad. However, thereafter various Government institutions such as Government State Text Book Board, Gujarat Examination Board, NCC and other offices are there.

(3.) IT is the case of the petitioner that right from 1971, the petitioner along with other similarly situated persons is occupying the quarter being quarter No.4 and no steps were taken by respondent No.3 to evict them till the eviction suit was filed before respondent No.1 for eviction of the petitioner from the said premises by an application dated 9.2.2010. It has been mentioned in the said application dated 9.2.2010 that the allotment of the land admeasuring 26810 sq. mtrs. was handed over to respondent No.3 wherein a condition was stipulated whereby the offices and the outhouses occupied by the persons shall be vacated as soon as the alternative arrangement is made. It has been specifically pointed out by respondent No.3 in the said application that the outhouses are in possession of Class IV employees of the Education Department who have retired from the Government service. Still, however, the same are not vacated and therefore, appropriate action needs to be taken.