DHANANJAY KUMAR SINGH Vs. DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) Present writ petition has been filed questioning the validity of the order dated 28.8.2009 passed by the Estate Officer, North Eastern Railway, Gorakhpur and order of its affirmance dated 13.1.2011 passed by the Appellate Authority/Special Judge SC/ST Act, Gorakhpur in Misc. Appeal No. 3 of 2009 and Misc. Appeal No. 4 of 2009 (Dhananjay Kumar Singh v. Medical Director and others).

(2.) Brief background of the case is that Railway Quarter No. 580-A Jatepur Railway Colony Noreth Eastern Railway Gorakhpur was allotted to the father of the petitioner namely Jagdish Prasad Singh Laboratory Superintendent in Lalit Narain Mishra Railway Hospital Gorakhpur. The father of the petitioner retired from service on 31.1.2003. The petitioner was posted as Senior Commercial Clerk Mankapur and was transferred to Gorakhpur vide order dated 25.7.2002 passed by the Divisional Railway Manager Commiercial Lucknow and was relieved by the Station Superintendent North Eastern Railway Mankapur on 15.8.2002 and has joined at Gorakhpur on 16.8.2002. It is further stated that since the entire family of the petitioner as well as his father was residing in house No. 580-A referred to above and the petitioner was also entitled for allotment of type II quarter and has vacated his quarter at Mankapur on 15.8.2002. The petitioner has moved an application for share accommodation in Railway quarter No. 580-A with his father on 16.8.2002 and similar application was also moved by the father of the petitioner on 23.8.2002 for share accommodation of Railway Quarter with his son with effect from 16.8.2002. Petitioner claims that from the date of joining at Gorakhpur on 16.8.2002 he is residing in the Railway Quarter No. 580-A with effect from 16.8.2002 and on the letter of Medical Director Lalit Narain Mishra Railway Hospital Gorakhpur, Station Manager North Eastern Railway Gorakhpur has informed that the petitoner is not getting the house allowance with effect from August 2002 and house rent of Rs. 98.00 is being deducted. Notice under Section 4 of the Public Premises (Eviction of Unauthorised Occupant) Act 1971 and another notice under Section 7(3) of Public Premises (Eviction of Unauthorised Occupant) Act 1971 were issued to the petitioner's father on 12.11.2007 by the Estate Officer North Eastern Railway Gorakhpur. The Estate Officer North Eastern Railway Gorakhpur has passed the impugned order dated 28.8.2009 for eviction of the petitioner father and for recovery of Rs. 4945 as penal rent with effect from 1.2.2003 to 15.10.2007 or till the eviction of the accommodation. Against the said order of Estate Officer North Eastern Railway Gorakhpur, petitioner has filed two appeals being Misc. Appeal No. 3 of 2009 and Misc. Appeal No. 4 of 2009 on the ground that with effect from 16.8.2002 the petitioner is residing in the accommodation entitled to get the benefit of share of accommodation and as he is in service he is not at all unauthorised occupant, hence neither he may be evicted nor damages may be recovered. The appeal filed by the petitioner has been dismissed by the District Judge/Appellate Authority vide judgment and order dated 13.1.2011. At this juncture present writ petition has been filed.

(3.) Sri. H.N. Singh, learned counsel for the petitioner contended with vehemence that in the present case petitioner has been illegally treated as unauthorised occupant, whereas in the background narrated by no stretch of imagination order in question could have been passed by the Estate Officer North Eastern Railway Gorakhpur and same could not have been affirmed by the Appellate Authority as has been done in the present case, as such orders passed are unjustifiable and same are liable to be quashed.