LAWS(GAU)-1996-2-3

UNION OF INDIA Vs. MAJOR S K MUKHARJEE

Decided On February 28, 1996
UNION OF INDIA Appellant
V/S
MAJOR S.K.MUKHERJEE Respondents

JUDGEMENT

(1.) This appeal has been preferred against the JUDGMENT & ORDER dated 30.3.95 passed by a learned Single Judge in Civil Rule No. 27 (SH) of 1994 directing the respondents in the writ petition to give allotment of quarter within a period of three weeks from the date of the said order.

(2.) The case of the writ petitioner was that he ought to have been given allotment of Quarter No. 109/3 at Pine Walk area, Shillong, but he was denied the same. According to the respondent - writ petitioner, the action of the appellant was illegal and arbitrary. Hence, he approached this Court by filing the writ application. At the time of hearing the learned counsel appearing on behalf of the respondents in the writ application gave assurance that they were willing to give the writ petitioner Quarter No. 109/3 at Pine Walk area and, accordingly, the said order was passed. After more than a month i.e. on 2nd of May, 1995 the appeal was filed challenging the said order.

(3.) We have heard Mr. S.C. Chakravarty, learned Central Government Standing Counsel appearing on behalf of the appellant and Mr. V.K. Jindal, learned counsel appearing on behalf of the respondent in this appeal.