B.B. CHHETRY Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, the petitioner is assailing the notice dated 19.08.2014 issued by the respondent No. 2 i.e. Commandant 73 Bn BSF to the petitioner for evicting him from the so called STD/PCO Booth occupied by the petitioner. For easy reference, the said eviction notice dated 19.08.2014 (Annexure -H to the writ petition) is quoted hereunder: -

(2.) WHEREAS you had filed a civil suit No. 47(T) of 2003 with Misc. Case No. 115(T) of 2003 titled B.B. Chhetri V/S. UOI and others in the court of Assistant to Deputy Commissioner, Shillong. The said case was listed on 14.02.2014 and Hon'ble Court dismissed the suit for default. Therefore, it leads to unauthorized occupation of the space.

(3.) IN order to enable the petitioner to approach the competent civil court for seeking appropriate relief in the said civil suit, one month's time is granted for approaching the said competent civil court for interim order/injunction order. In order to straight the balance between the parties and also for the ends of justice, the impugned notice dated 19.08.2014, shall remain suspended for a period of one month from today.