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2007 DIGILAW 1098 (SC)

S. D. Bandi v. Divisional Traffic officer, Ksrtc

2007-07-18

B.N.AGRAWAL, P.P.NAOLEKAR

body2007
ORDER B.N. Agrawal and P.P. Naolekar, JJ. - 1. One week time is allowed to the Union of India to file latest status report. 2. List the matter on 2nd August, 2007. State of Maharashtra: 3. Heard Mr. Ranjit Kumar, learned amicus curiae and learned counsel appearing on behalf of the State of Maharashtra. 4. It appears that on 30th August, 2006, while dealing with the case of State of Bihar, we gave following directions to the State: "2. Let the Estate Officer file an affidavit before this Court stating therein as to what is the position of those 41 bungalows/apartments, in which there are unauthorized occupants whose names and addresses should be mentioned, whether any case has been filed, if so, number of case, name of the authority/Court, position of the case, whether ready for hearing and within what time the same is likely to be disposed of and if final order passed, and appeal/revision provided and filed. Apart from this, affidavit must also state as to whether 209 bungalows/apartments which have been vacated by unauthorized occupants have been allotted to any person and if so allotted their names, designation and entitlement under the relevant rules. 3. Affidavit shall further state clearly for what period 209 persons remained in unauthorized occupation and what is the amount of Rent/Penal rent etc., the State is entitled to realise from them by deducting every month from their salary or post retirement benefits or pension or attaching their deposits or by attachment and sale of their properties in accordance with the provisions of relevant Public Demands Recovery Act. It should be also stated in the affidavit as to whether by not vacating the Government accommodation such unauthorized occupants incur any criminal liability under the Public Premises Act or Indian Penal Code or any other law for the time being in force so that in case any such liability is incurred directions may be given to launch criminal prosecution against them by filing complaint in Court. Further affidavit shall state as to why the appropriate Government/Authority/Body/ High Court be not directed to consider desirability of initiating proceeding under the relevant Service Rule and suspend the unauthorized occupants which includes Judicial Officers in contemplation of departmental proceeding as such conduct of theirs is unbecoming of Judicial Officers/Government servants and in future also, no sooner occupation of a person becomes unauthorized, such action be taken immediately." 5. From the perusal of the affidavit filed on behalf of the State of Maharashtra, it appears that the affidavit has not been filed in terms of the aforesaid portion of the order of this Court. Let an affidavit be filed on behalf of the State of Maharashtra in terms of the aforesaid order within six weeks. 6. List the matter on 18th September, 2007.