SAMAJWADI PARTY Vs. STATE OF U.P.

JUDGEMENT

(1.) THE Samajwadi Party, which is a registered political party by the Election Commissioner, thorough its President Sri Ram Sharan Das, has filed this petition praying that the respondents be commanded not to forcibly evict the petitioner from the premises No. 19 -A Vikramaditya Marg, Lucknow in which the Samajwadi Party runs its State Office Upon an application made by Samajwadi Party, premises bearing No. 19 -A Vikramaditya Marg was allotted to it on 26th March, 1994 by the Estate Department, of U.P. with the condition that the Samajwadi Party would pay double the amount of rent for the said premises which was earlier realised. The rent will be paid every month and in case of any default of arrears of three months' rent the allotment shall be deemed to be cancelled and on the ground of necessity the State Government may cancel the allotment order without any notice and in that situation the premises shall be deemed to be vacant. It was further indicated in the allotment order that no construction, temporary or permanent, shall be made by the Samajwadi Party without prior sanction of the Estate Department and the premises would not be sublet to any body. It was averred by the petitioner that after the withdrawal of the support of a coalition partner the political situation underwent a change in the State and it appeals that due to the political animosity, the present Chief Minister was interested in forcibly evicting the petitioner from the premises in question. On 11th June, 1995 some leaders of Bahujan Samajwadi Party alongwith khaki uniform clad came on the spot and asked its inhabitants to vacate the building forthwith by removing the entire belonging and staled that allotment in favour of them, which had earlier been made, had been cancelled by the Estate Department and the same will be allotted to Bahujan Samaj Party, because the premises is situated in a good situation. Learned Standing Counsel has placed before this Court the written instructions, which he had received, signed by the Estate Officer on 21st June, 1995, which indicated that allotment made in favour of the Samajwadi Party has neither been cancelled nor there was any proposal under consideration of the State Government to cancel the same. The allegations made in the writ petition regarding forcible eviction of the petitioner have been vehemently denied. It was also denied that there was any proposal under consideration before the State Government to allot the said premises in favour of any other political party. In the light of the aforesaid circumstances it was argued by the Additional Chief Standing Counsel, that the writ petition deserves to be dismissed.

(2.) AS the question involved in the writ petition is too trivial to drag on unnecessarily before this Court, I heard the arguments of the petitioner's counsel Sri M.A. Siddiqui and the learned Additional Standing Counsel on the merit of the petition itself.