Dalbir Kaur v. State Of Punjab And ORS.

CWP No.18014 of 2017 [ 1 ] ****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.18014 of 2017 Date of decision:16.07.2018 Dalbir Kaur

...Petitioner

Versus

The State of Punjab and others

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. L.S.Lakhanpal, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

The petitioner has prayed for the issuance of a writ in the nature of certiorari for quashing the order dated 23.06.2017, by which she has been directed to vacate the premises in her occupation, inter alia, on the grounds that though the Mini PHC, Aliwal, constructed on the land of the Canal Department, has been shifted to the new building but the petitioner is living in the quarter adjoining to the old building of Mini PHC, Aliwal and has also constructed a Church on the adjoining land by way of encroachment and that though she is not entitled to the house rent but still she had allegedly received the house rent, which may be recovered from her future salary. It was also observed that no further extension can be granted to the petitioner for living in the said quarter.

Counsel for the petitioner has submitted that the petitioner is working as a Class-IV employee, who may be allowed to retain the quarter in question till her age of superannuation, i.e. 28.02.2019. However, the petitioner, in order to challenge the impugned Vinod Kumar 2018.07.

CWP No.18014 of 2017 [ 2 ] **** order, has not referred to any legal lacuna in the impugned order, whereas the allegation against her is not only that she has withdrawn the house rent despite her non-entitlement therefor but she has also encroached upon the adjoining land by way of constructing a church thereon. Thus, in my considered opinion, there is no merit in the present petition for the purpose of interference by this Court. Dismissed.

No costs.

July 16, 2018 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned :

Yes/No Whether reportable :

Yes/No Vinod Kumar 2018.07.19 10:05 I attest to the accuracy and integrity of this document phhc