SANJEEV KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Vishal Sharma, learned Deputy Solicitor General of India, has raised a preliminary objection with regard to the maintainability of this writ petition on the ground that this court has no territorial jurisdiction to entertain the writ petition filed by the petitioner, as the cause of action has not accrued within the territorial jurisdiction of this Court because the grievance raised by the petitioner is with regard to the vacation of the Government Quarter situated at STC Campus, BSF Bangalore. In order to substantiate his objection, Mr. Sharma relied upon the judgement passed by the Co-ordinate Bench of this Court in case titled "Rajesh Kumar Tomar vs. Union of India and others" reported in JKJ ONLINE 69836.

(2.) Mr. Ajay Sharma, learned counsel for the petitioner argued that the petitioner was informed about the rejection of the request of the petitioner for the allotment of Government Quarter through 126 Battalion BSF located at Jammu. The petitioner made the request to the IG BSF, FTR HQ (SPL OPS) Bangalore, when he was posted with 126 Bn BSF at Sunderbani, Jammu. The petitioner was served with the show cause notice dtd. 19/11/2016 through 126 Bn BSF at Sunderbani, Jammu. The petitioner replied to the show cause notice as Second-In-Command 126 Bn BSF Sunderbani, Jammu and the final order dtd. 27/01/2017 imposing penal deduction of rent under sec. -3 of Public Premises (Eviction of unauthorised occupants) Act 1971 was served upon the petitioner through 126 Bn BSF at Sunderbani, Jammu. Mr. Sharma further submitted that the petitioner has already vacated the quarter in question and the only issue that requires adjudication is with regard to the imposition of the penal charges.

(3.) Heard and perused the record.