DEV RAJ Vs. BHAKRA BEAS MANAGEMENT BOARD

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 6235, 7564, 10295, 11695 of 1989 and 1693 of 1990 as common question is involved in all these petitions.

(2.) The writ petitioners are erstwhile employees of Bhakra Beas Management Board and are continuing to occupy the official accommodation allotted to them in spite of their retirement. Proceedings against them are pending either before the Estate Officer or eviction orders have been finalised, which orders are under challenge in a Civil Court at one stage or the other. At the same time, these writ petitions have also been filed.

(3.) The petitioners cannot have two remedies on the same cause of action. Where the matter is pending before the Estate Officer, the matter would be premature because against order of eviction, if passed, the appeal would be maintainable under the Punjab Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short the 'Act'). Where the matter is pending before Civil Court the concerned party cannot seek another remedy of filing a writ petition.