UNION OF INDIA Vs. SARASWATI

JUDGEMENT

(1.) The petitioner-Union of India through present petition filed under Articles 226 and 227 of the Constitution of India, prays for issuance of a writ in the nature of certiorari so as to quash the order dated 3rd April, 1987 passed by Shri Surinder Singh Grewal, Additional District Judge, Ferozepur. Vide impugned order, the learned Additional District Judge while accepting the appeal of the respondent had quashed the orders passed by Estate Officer, Jalandhar Circle vide which the respondent was ordered to be evicted from the property in dispute under section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

(2.) Brief facts that have led the petitioner-Union of India to file this writ need to be mentioned, although briefly. Bungalow No. 90 was earlier held by one Jethoo Mal on old grant terms as governed by Governor General Order No. 179 dated 12th of September, 1836 as per military land manual. After the demise of Lala Jethoo Mal, his son Rattan Chand Karwa came to occupy Bungalow No. 90 on the same terms and conditions i.e. on the basis of old grant as it was held by his father. The property in question is stated to be owned by Government of India, Ministry of Defence. Somewhere in the year 1971, the old grant with the present occupier i.e. Rattan Chand Karwa, was resumed. Aggrieved with the resumption order, Rattan Chand Karwa filed Writ Petition No. 1255 of 1972, in this Court which was dismissed vide order dated 19th November, 1981. It is admitted position that Rattan Chand Karwa, besides superstructures that he had erected on the land known as bungalow No. 90, had also made some outhouses or servant quarters. It is also an admitted position that the respondent was inducted as tenant by Rattan Chand Karwa. The petitioner Union of India after successfully resuming the old grant proceeded against the respondent for eviction under section 5(1) of the Public Premises Act. The Estate Officer vide his order dated 8th of September, 1986 directed the respondent to vacate the premises occupied by her. Being aggrieved, the respondent carried an appeal against the order of the Estate Officer, referred to above. The aforesaid appeal came up for ultimate decision before Shri Surinder Singh Grewal, Additional District Judge, Ferozepur and vide order dated 30th April, 1987, the appeal preferred by the respondent was allowed and the order passed by the Estate Officer was set aside. It is against that order that Union of India have filed Writ Petition in this Court.

(3.) All this while the case remained in this Court none of the respondents elected to file written statement. The matter was considered on different dates and when it came up for hearing on 6th June, 1991, the counsel appearing for the petitioner prayed that his client may be permitted to amend the petition so as to give a clear picture as to what was the nature of the property and in what manner it had come to be occupied by Rattan Chand Karwa or his father Lala Jethoo Mal. The prayer was allowed and in consequence of the orders referred to above, amended petition was filed. Even though, an opportunity was given to the respondents to file the written statement to the amended petition, none of the respondents availed the said opportunity and therefore, the facts as has been stated in the petition shall be deemed to be admitted.