REGISTRAR HIGH COURT PATNA Vs. SUB-DIVISIONAL

JUDGEMENT

(1.) The Registrar of High Court, Patna has moved this application under Articles 226 and 227 of the Constitution of India for issuance of a writ of certiorari and to quash the order dated 15-11-1983, passed by the Sub-divisional Magistrate-cum-competent authority under the Bihar Government Premises (Rent Recovery and Eviction) Act, 1956 (for brevity to be referred as 'Premises Act'), in Eviction Case No. 70/ 1983.

(2.) Short facts relating to the case are as follows:-- The Government of Bihar in the Department of Public Works by an order dated 28th October, 1967, contained in office letter No. GBDI- 2048/67 26212G Pat. (vide annexure '1') created a pool of fourteen residential quarters in the capital town of Patna. The quarters were placed at the disposal of Hon'ble the Chief Justice of Patna High Court for allotment to the Hon'ble Judges of this Court and to the Registrar of the High Court. In the order it was said that all the fourteen quarters were meant for the use and occupation only of the Judges of the High Court. It was further stipulated therein that if any quarter is to be withdrawn from the pool, it would be done only after consultation with the Hon'ble the Chief Justice and not otherwise. Sri. C. N. Tiwary (respondent No. 2) was appointed as a Registrar of the Patna High Court and quarter No. 3, Macdonel Road (which is a quarter in the pool) was allotted to him by Hon'ble the Chief Justice for his occupation. Sri Tiwary was raised to the Bench of this Court and the Hon'ble the Chief Justice permitted him to continue in occupation of the same residence. Sri Tiwary remained in occupation of this quarter as a Judge of the Patna High Court and continued to occupy the same subsequently as an ad hoc Judge of the Court on the basis of the allotment made to him earlier by Hon'ble the Chief Justice Sri Tiwary retired as a Judge of this Court on 31-7-1979. His term of appointment as an ad hoc Judge also expired on 20-7-1983. Sri Tiwary even after the expiry of his term of office as a Judge of the High Court, did not vacate the quarter in question and still continues to occupy the same.

(3.) Under the orders of Hon'ble the Chief Justice, the writ petitioner wrote to Sri Tiwary intimating that he was permitted to remain in occupation of the quarter till 30th of September, 1983 and informed him that since the allotment of the residence was cancelled by Hon'ble the Chief Justice, Sri Tiwary was requested to vacate the same, failing which he would be liable for payment of penal rent for the period till he holds the residence unauthorisedly. Sri Tiwary, did not vacate the quarter, in spite of the allotment being cancelled The Registrar i.e. the writ petitioner filed an application to the competent authority under the Premises Act "(in this case the Sub-divisional Magistrate, Patna) requesting to take action against Sri Tiwary for getting the quarters vacated. The Sub-divisional Magistrate, by his order, dated 15-11-1983 (the order impugned, vide Annexure '6' held that it was not within the competence of Hon'ble the Chief Justice to cancel the allotment of the quarters made to Sri. Tiwary and that there being no order of cancellation by any competent authority under the Premises Act, he refused to interfere with the application filed before him by the Registrar. The Registrar has now moved this Court for quashing of the orders impugned and for issuance of a writ of certiorari commanding upon the Sub-divisional Magistrate to -take suitable action as permissible under the Premises Act for getting the quarters vacated by Sri Tiwary.