PRAKASH BABU HARMALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the petitioner is seeking the appropriate writ, order and direction, directing the respondent Nos. 1 and 2 not to implement and/or execute the impugned order dated 14-8-1997 passed by the respondent No. 2 - Controller of Accommodation whereby the respondent No. 2 had authorized the Area Inspector to take possession of the premises in which the petitioner is residing since the time of allotment of the premises through the Commissioner of Police, Bombay.

(2.) Brief facts which are relevant for the purpose of deciding this petition are as under :-

(3.) The petitioner joined the police force of the Government of Maharashtra as Police Sub-Inspector in 1979. He was allotted Flat No. 6 on the first floor of the Building known as 'jer Villa' situated at Parel, Bombay- 400012 (hereinafter referred to as "the said premises") by the respondent No. 2 through the Commissioner of Police, Bombay in the year 1984 and the petitioner has been residing in the said premises since then. The respondent No. 3 is the landlord of the building wherein the said premises is situated. The respondent No. 3 filed Writ Petition in the High Court being Writ Petition No. 1201 of 1996, seeking an appropriate writ, order or direction, directing the respondent Nos. 1 and 2 to hand over the vacant and peaceful possession of the premises. That Writ Petition was allowed and the respondent Nos. 1 and 2 were directed to implement the order within six months. Pursuant to the order passed by this Court on 17-7-1996, the respondent No. 2 passed an order dated 14-8-1997, which is impugned in this petition, appointing the Area Inspector to take possession of the said Flat. Being aggrieved by the said order, the petitioner has filed this petition.