BHAGWANT KISHORE SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS Letters Patent Appeal by the appellant is directed against the judgement of the learned Single Judge of this Court whereby he dismissed the writ petition filed by the petitioner.

(2.) THE undisputed facts are that the appellant, who at the relevant time, was working as Junior Engineer was allotted Government accommodation at Una. He was transferred from Una to various places including Kullu and Kinnaur. Despite his transfer and having joined at such places he did not vacate the accommodation allotted to him at Una. From the record it is apparent that in July 1987 the present petitioner gave an undertaking before the Financial Commissioner that he would vacate the premises and despite such undertaking he did not vacate the premises. To the contrary, he filed a Civil Suit for temporary injunction and obtained an injunction from the Court and continued to live in the premises. THE stay order was vacated by the Civil Judge on 6.10.1988 but still the petitioner did not vacate the premises. THEreafter, he filed an appeal before the learned District Judge which was also dismissed on 19.9.1990. Not satisfied, the petitioner approached this Court by filing CWP No.555 of 1990 which was disposed of on 20.03.1991 and this Court went so far as to ask the Government to consider the case of the petitioner for out of turn allotment if the rules so permitted. Since this was not permitted under the rules the Government did not accede to the request of the present petitioner. In the order passed by this Court it had been clearly mentioned that in case out of turn allotment is not granted to the petitioner he will vacate the premises within six weeks. This also the petitioner did not do and again approached this Court by filing CWP No. 436 of 1991. This petition was dismissed by this Court on 25.9.1991 and it was observed that the petitioner was not entitled to any discretionary relief.

(3.) WE, therefore, find no merit in the appeal, which is accordingly dismissed. No costs.