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2004 DIGILAW 766 (SC)

S. D. Bandi v. Divisional Traffic Officer, KSRTC

2004-07-13

B.N.AGRAWAL, H.K.SEMA

body2004
JUDGMENT : 1. Heard the learned counsel appearing on behalf of the petitioner. 2. Leave granted. 3. This appeal has been filed against the impugned order passed by a Division Bench of the Karnataka High Court, whereby writ appeal filed by the respondents has been allowed and the order of eviction of the appellant from Government quarter has been passed. 4. The appellant, who was working as a Driver in the Karnataka State Road Transport Corporation [for short `the Corporation'], Mysore Division at Mysore, was transferred to Mangalore Division by an order dated 31st May, 1992 and for joining the place of transfer, he was relieved from the duty of Mysore Division on 12th June, 1997. The appellant challenged the order of transfer by filing a complaint giving rise to Reference No. 21 of 1997, before the Industrial Tribunal, Mysore. Though, at the same time he did join the place of posting at Mangalore but he did not vacate the quarter. On 19th July, 1999, the competent officer under the Karnataka Public Premises (Eviction of Unauthorised Occupant) Act, 1974, passed an order of eviction against the appellant in KPP No. 3 of 1998. Against the said order, the appellant preferred an appeal before the District Judge, which was dismissed and the order of eviction was confirmed. Against the said order, the appellant preferred a writ petition before the Karnataka High Court, bearing W.P. No. 41762 of 2001, which was allowed on 10th December, 2001 and the eviction petition was dismissed. In the meantime, on 3rd July, 2000, the Industrial Tribunal set aside the order of transfer and ordered the appellant to be restored to his original place of work at Mysore. Against the said order, the Corporation filed a writ petition bearing Writ Petition No. 3249 of 2001, in which rule nisi was issued and operation of the Award of the Industrial Tribunal was stayed. The said order undisputedly is still operative. 5. The Corporation thereafter preferred writ appeal against the order of the learned Single Judge whereby eviction petition was dismissed, which appeal has been allowed by the impugned order passed by the Division Bench of the High Court and thereby the order of eviction passed by the original authority as affirmed by the appellate authority has been restored. Appellant, as undertaken by him, was granted time by the High Court to vacate the quarter by 30th April, 2004. Appellant, as undertaken by him, was granted time by the High Court to vacate the quarter by 30th April, 2004. Challenging the said order, the present appeal has been filed by special leave. 6. From the facts enumerated above, it will be plain that as the operation of the order of the Tribunal was stayed by the High Court on 3rd July, 2000 and the said order is still operating, the appellant has no right at all to continue in the quarter in question even for a day. Such tendency to continue to occupy the Government quarter unauthorisedly is galloping fast amongst the Government servants, which must be curbed by suitably and firmly dealing with the matter. In our view, this appeal is frivolous one and the same is fit to be dismissed. Now, it is high time that a direction is given to the Divisional Controller/Competent Officer, Karnataka State Road Transport Corporation, Mysore Division-Respondent No. 3, to at once evict the appellant from the quarter. Accordingly, he is directed to see that the appellant is evicted within one week from today. If he requires police force for this purpose, the same shall be provided forthwith to him by the concerned Superintendent of Police so that this order is given effect to within the time afore-mentioned. This order shall be communicated to the competent authority by the Registry of this Court through Fax as well and a compliance report must also be sent to the Registry of this Court by the authority concerned through Fax as well so as to reach here within ten days from today. If the competent authority finds that any other person is in possession of the quarter in question, he shall be thrown out within the same time. 7. The appeal is, accordingly, dismissed. No costs.