ABDUL SATTAR Vs. ESTATE OFFICER AND ORS

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India wherein the petitioner prays for quashing the order of the respondents Nod. 1 and 2 dated 8th of April, 1974, and 12th of February, 1975, respectively (Annexures VIII and IX). The facts in detail have been given in the judgment of the learned District Judge, Ajmer, and I need not narrate them in detail. Suffice, it will be for me to give the material facts which have bearing on the point canvassed before me.

(2.) The petitioner is a railway employee and is serving as a riveter in carriage and wagon workshop Western Railway, Ajmer. The petitioner was allotted the quarter No. 474/F which was being occupied by his father who also happened to be a railway employee by an order dated 18/19th of February, 1968. It appears that the quarter allotted to the petitioner was in the medical pool. The D.M.O., Ajmer, cancelled the allotment and allotted another quarter to the petitioner which being not acceptable to the petitioner, be refused to vacate the same. The railway authorities, therefore, filed an application before the Estate Officer and Divisional Superintendent, Ajmer, who issued notice to the petitioner under section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958, hereinafter called the Act calling upon him to vacate the quarter in question. In response to the notice the petitioner submitted a reply inter alia alleging that he being entitled to the quarter in view of the established policy of the railway administration and further in view of the fact that civil suit had been filed by him for declaration and mandatory injunction, he could Dot be evicted under the provisions of the Act. The Estate Officer after giving opportunity of being heard to the petitioner passed an order calling upon him to vacate the quarter in question within 45 days from the date of the order. The order of the Estate Officer may be reproduced below as it will facilitate the decision of the writ petition.

(3.) Whereas, I, the undersigned, am satisfied for the reasons recorded below that Shri Abdul Sattar Rivetter, T. No. 686 Deptt. No. 22 G & Workshop, Ajmer, is in unauthorised occupation of the public premises specified in the Schedule below:-