Smt. Vijay Laxmi v. South Eastern Coalfields Limited

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet WPC No. 197 of 2021 Smt. Vijay Laxmi W/o Late Shri Vashishth Tripathi Aged About 67 Years R/o Quarter No. 1-B-09, Vishrampur Colony, District Surajpur Chhattisgarh --- Petitioner

Versus

1. South Eastern Coalfields Limited through Its Chief Managing Director, SECL Headquarter, Seepat Road Bilaspur Chhattisgarh

2. The Chief General Manager Secl, Bishrampur Area, District Surajpur Chhattisgarh

3. The Estate Officer Secl, Bishrampur Area, District Surajpur Chhattisgarh ---- Respondents 22.01.2021 Mr. Rahul K. Mishra, counsel for the petitioner. Mr. Vaibhav Shukla, counsel for the respondents. The instant petition is against the notice Annexure P-1 dated 31.10.2020 which has been served by the Estate Officer of SECL under the Public Premises Eviction Act, 1971.

Learned counsel for the petitioner submits that the husband of the petitioner was in service of SECL and after his death, the gratuity and other dues payable to her are not being released for which a separate proceedings are pending and in the meanwhile she is forced to vacate the house without lawful due payment made to her. In any case, the cause of action for both the issues cannot be joint and amalgamated, therefore, at this stage, the petitioner prays for some reasonable time to vacate the house.

Learned counsel for the respondents opposes the prayer made by counsel for the petitioner.

Considering the age of the petitioner and she being a senior citizen, it is directed that the petitioner shall vacate the residential quarter

for which the eviction notice dated 31.10.2016 (Annexure P-1) was served, within a further period of 3 months from today. With the above observation, this writ petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o