VISHNUDEO CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the aforementioned two writ petitions have been taken up together in C.W.J.C, No. 3180 the petitioner (Vishnudeo Choudhary) has prayed for a direction upon the respondents to evict the respondent No. 6 (namely Smt. Sushila Sharma who is the petitioner of the other writ petition) from Quarter No. 55/2 -4 situated on Road No. 6, Adityapur at Jamshedpur. It has further been prayed that the petitioner should be allowed to reenter the Quarter and the Housing Board be directed to execute deed of final transfer in the name of the petitioner. A further prayer has been made to the effect that the authorities should be directed to initiate action for glaring illegal action taken by one or other officer of the Board in allowing the respondent No. 6 to continue to be in occupation of the Quarter referred to above from 1991 till date which, according to the petitioner, was in fact, allotted to him.

(2.) IN C.W.J.C. No. 752 of 1995 (R) the petitioner Smt. Sushila Sharma) has prayed for quashing the letter of the Executive Engineer, Bihar State Housing Board issued under Memo No. 2451/Jamshedpur, dated 27.08.1991 (Annexure 13) by which the allotment of the said Quarter which was made in her favour was sought to be cancelled. She has further prayed for quashing the letter No. 2494 dated 22.08.1994 and 3933 dated 13.12.1994 (Annexures 14 and 14/A) by which the Executive Engineer, Bihar State Housing Board requested the Sub -divisional Magistrate, Saraikela, Singhbhum (West) to evict her from the said Quarter.

(3.) IN C.W.J.C. No. 3180 of 1994 (R), the petitioner, Vishnudeo Choudhury, has stated that he started his service career as a daily rated worked under TISCO in the year 1960 and that he continued to be employed by TISCO. However, it is relevant to state here at this stage that while the petitioner has stated in paragraph 4 of the petition that he was a daily rated worker but from his own document brought on record vide Annexure 3, at page 39 of the writ petition, it has been shown that the petitioner himself, while filing an affidavit has stated therein that "I am employed in M/s. Tisco Ltd., as a Inspector from 12.9.1960 and am a regular tenant in House No. 55/2/4 at Adityapur, from 21.9.1964."