NAIK RATAN BAHADUR RAI Vs. STATION COMMANDER DEHRADUN

JUDGEMENT

(1.) This petition was originally filed by ex-Naik Ratan Bahadur Rai. He died during the pendency of the petition whereupon an application for substitution was filed by the heirs, namely, Smt. Tulsa Devi, his widow and Km. Laxmi, the daughter of the original petitioner. Notices were directed to be issued to the respondent. No counter-affidavit has, however, been filed. Substitution is accordingly allowed.

(2.) The petition is directed against an order dt. 25-11-76 purporting to have been passed under R.155(2) of the Defence and Internal Security of India Rules 1971. By this order, the petitioner was asked to voluntarily remove his alleged unauthorised occupation immediately from the premises covered by survey No. 243 and 243/8, 2 G.R.C. Bazar, Dehradun. This order was preceded by a notice issued under R.155(1) whereby the petitioner was asked to remove his occupation from the aforesaid premise within 14 days failing which he would be evicted by force. In this notice, it was stated that the petitioner was in unauthorised occupation of the premises covered by survey No. 243 and 243/8, 2 G.R.C. Bazar, Dehradun. The petitioner filed a representation against the notice issued under R.155(1), a true copy whereof is Annex.-2 to the petition. Thereafter, the Station Commander, Station Head Quarters, Dehradun passed the impugned order dt. 25-11-1976 directing the petitioner to remove his unauthorised occupation from the aforesaid premises immediately failing which he would be evicted by force with the help of civil police on or before 22-12-76.

(3.) The original petitioner, Ratan Bahadur Rai, was in the Indian Army and he served in the Second World War. During action in Italy, he was severely wounded as a result of which both his feet were amputated from the knees. He also lost one finger of his right hand and received permanent injury in his left elbow. As a consequence he became disabled. It appears that on account of these facts the Commandant of the Regiment allowed the petitioner and one other, who was also a disabled soldier, to occupy quarters Nos. 20, 15 and 16 standing over the aforesaid survey numbers. Quarter No. 20 was in occupation of petitioner since June, 1946 whereas quarter No. 15 was occupied by Sete Gurung, and, on his death in 1954, by another soldier, namely, Kulbir Gurung. In March, 1948, ownership rights over all the three quarters were conferred on the petitioner and Sete Gurung by the Commandant of his regiment, viz., 1/2 Gorkha Rifles. This was reiterated in a letter issued by the Commandant on 14-8-59, a true copy whereof is Annex.-1 to the petition which states that the quarters mentioned above were handed over to the petitioner in March, 1948 with full approval of the competent military and civil authorities and that a fresh order renewing the ownership of the said building was being issued to the petitioner.