Bushanlal Bhat S/O Late Dwarika Nath Bhat v. National Sample Survey Office And 4 ORS

SKN 1/2 2105.18-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2105 OF 2018 Bushanlal Bhat S/o Late Shri Dwarika Nath Bhat.

...

Petitioner.

V/s.

National Sample Survey Office and others.

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Respondents.

Mr.S.C.Naidu i/b. Mr.G.T.Mestha for the petitioner. Mr.S.R.Rajguru with Mr.D.P.Singh for respondent Nos.2 to 5.. CORAM :

A.S.OKA AND M.S.SANKLECHA, JJ.

DATE :

13th March 2019 P.C.:

By this petition under Article 226 of the Constitution of India, the petitioner has taken an exception to the notices issued by the Assistant Estate Manager. The first challenge is to the communication dated 13th November 2017 (Exhibit-M to the petition) issued by the Assistant Estate Manager to the National Sample Survey Office. In the said communication, it is mentioned that the petitioner be directed to hand over vacant possession of the quarters allotted to him, failing which necessary action to evict him under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short "the said Act of 1971") will be initiated. Further, it is mentioned that if the petitioner intends to retain the quarters beyond the concessional period on medical/educational ground, he can do so on payment of licence fee as per rules. The second communication which is under challenge is dated

SKN 2/2 2105.18-wp.doc 17th May 2018 (exhibit-N to the petition). By the said communication, the Assistant Estate Manager called upon the petitioner to vacate the quarters allotted to him, failing which, proceedings under the said Act of 1971 will be initiated. A demand for damages as mentioned therein is also made in the said communication.

2.

As stated in both the communications and in the affidavit-inreply, the petitioner cannot be evicted without taking recourse to the provisions of the said Act of 1971. Even if the respondents desire to recover any amount as mentioned in the impugned communication at Exhibit-N, the respondents will have to initiate proceeding under the said Act of 1971. Without initiating such proceeding, no recovery can be made from the petitioner of the amount demanded under the impugned communication at Exhibit-N.

3.

As and when the proceedings are initiated under the said Act of 1971, the petitioner can always raise contentions which are raised in this petition based on the decisions relied upon in this petition. 4.

In view of what is observed above and subject to what is observed above, we decline to entertain this petition under Article 226 of the Constitution of India. Petition is accordingly disposed of. (M.S.SANKLECHA, J.) (A.S.OKA, J.)