BIMALENDU MAZUMDER Vs. NATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) Learned Advocate for the writ petitioner submits that the writ petitioner vacated the quarter in the year 1991. However, the petitioner's previous wife is forcefully occupying the flat in question. The respondent authorities did not take possession intentionally but withhold the service benefits of the writ petitioner. He also submits that even in spite of giving information that the petitioner has surrendered the flat the respondent authorities have allowed the previous wife to stay in the flat. He again submits that a divorce was granted by an appropriate Court but subsequently, stay was granted by the appeal Court. The respondent authorities allowed the estranged wife of the writ petitioner to stay and occupy the Government premises, although, she is not an authorised occupant. He also submits that the respondent authorities are armed with provisions of law to remove an unauthorised occupant but no steps were taken to remove the estranged wife of the writ petitioner deliberately.

(2.) Moreover, the question is unauthorised occupancy by the person who was not allotted the flat, which is under no circumstances justifiable. Since it is a Government property and no person can occupy it unauthorisedly, it is for the respondent who are to take steps for vacating the flat. But in this case the respondents did not take any action although there are provisions of law for eviction of unauthorised occupant. The estranged wife has no right to occupy the flat when his husband had surrendered the flat in question. Further the wife also cannot claim any sigh of residence in a flat which the husband is not the owner.

(3.) Therefore, in my view, it is totally unfair on the part of the respondent authorities to keep silent for more than two decades even in spite of the fact that the writ petitioner has left the concerned premises in the year 1991 and by a communication latter the writ petitioner has informed the respondent authorities. The respondent authorities are, therefore, entitled to remove the wife of the writ petitioner from the flat in question, since the wife has no right to occupy the said premises.