G S LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE Petitioner, a retired Government servant, has invoked the jurisdiction of this Court under Article 226 of the Constitution and has challenged the legality of the proceedings initiated under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as the Act) for his eviction from a Government premises on the ground that he is an unauthorised occupant of the same.

(2.) THE Petitioner was a Joint Director of Education (Finance) Uttar Pradesh, Allahabad. He was allotted a House No. 85 -A Mahatma Gandhi Marg, Allahabad (hereinafter referred to as the premises) by the Director of Education, Uttar Pradesh, Allahabad. The order of allotment was passed on 7th November, 1979. The order of allotment recited that the premises which were situate in the precincts of the Government Inter College, Allahabad and which had fallen vacant on account of the retirement of Kumari Shushma Mangalic, Joint Director of Education (Women) was being allotted to Sri Gauri Shankar Lal (the Petitioner) Joint Director of Education (Finance), Uttar Pradesh, Allahabad.

(3.) SECTION 2(e) of the Act defines 'public premises' to mean: