AMARENDRA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been filed against the decision of the learned single Judge dated 3.5.95 in Civil Rule No. 4156/91 which was filed by thirty four (34) petitioners. The present appeal had been preferred only by one petitioner- appellant Shri Amarendra Choudhury (Petitioner No. 1 in the Civil Rule)

(2.) We have heard Mr. A. Sarma, learned counsel for the appellant- assisted by Ms. B. Dutta, learned counsel and Mr. A.S. Bhattacharjee, learned Additional Advocate General, Assam assisted by Mr. A.C. Sarma, learned Additional Senior Government Advocate, Assam.

(3.) Facts of the case for the purpose of adjudication of the present appeal are that the petitioners challenged the action of the respondents in terminating the authorisation to occupy the Government quarters which had been in their possession and also the order of eviction passed by the competent authority in pursuance of notice issued under Section 4 of the Assam Public Premises (Eviction of Unauthorised Occupants) Act, 1971. By Office Memorandum dated 9th/13th March, 1989, the Government of Assam besides laying various conditions regarding the occupation of Government accommodation provided that the employees who have their own house in greater Guwahati will not be allotted quarters in the Dispur Capital Complex and HUDCO Comple x. It is in pursuance of this Office Memorandum that the orders of cancellation of authorisation to occupy the Government quarters were issued by the Joint Secretary to the Government of Assam. One such order dated 14.6.91 has been annexed to the present appeal as Annexure-III. The order specifically states that the present appellant is in occupation of a Government quarter in Dispur Capital Complex/ HUDCO Complex, though he has a house in and around Guwahati and despite the Office Memorandum referred to above has not vacated the aforesaid Government quarter and his occupation of the Government quarters was declared to be unauthorised. Thereafter eviction proceedings were initiated under the Assam Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for evicting the appellant from the Government quarters.