P N SHETTY Vs. DIRECTOR ITI LIMITED

JUDGEMENT

(1.) IN this case the petitioner has sought for an order directing the respondent to return all his belongings said to have been taken away by the respondent on 20. 3. 1999 from his house at Bangalore. He has sought for a further direction directing the respondent to deliver the said belongings to his present address or to his permanent address with an advance intimation to him to that effect.

(2.) THE brief facts of the case are as under; the petitioner had joined the respondent-Company in March 1980 as the Head of Personnel and Administration of Bangalore complex. The respondent had transferred the petitioner from bangalore to some other place. The transfer order was challenged by the petitioner by filing a writ petition before this Court. Thereafter, the petitioner was terminated from the post of Deputy General Manager on certain charges. The said order was also challenged by the petitioner before this Court. Both the writ petitions were allowed by the learned single Judge. The respondent has filed writ appeals challenging the orders of the learned Single Judge. The division Bench of this court has allowed the writ appeals. The matter is now pending before the hon'ble Supreme Court. The petitioner was allotted a quarters no. A. 4, Central Avenue, Dooravaninagar, Bangalore, (for short 'the premises') of the respondent-Company. After the termination of his service, the respondent-Company initiated proceedings against the petitioner for his eviction from the premises under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants)Act 1971, (forshort 'theact' ). The Estate Officer passed an order of eviction as per Sec. 5 of the Act on 8. 1. 1998. Feeling aggrieved by the said order, petitioner filed an appeal in MA No. 9/1998 on the file of the Additional City Civil Judge, Bangalore City. The Civil court dismissed the appeal on 19. 8. 1998. Petitioner challenged the order of the Civil Court before this Court in WP No. 2872/1998. This Court dismissed the writ petition on 18. 12. 1998. However, three months time was granted to the petitioner to vacate and deliver vacant possession of the premises. The petitioner filed a writ appeal in WA no. 893/1999 before the Division Bench, which was also dismissed on 20. 4. 1999. Petitioner contends that he has challenged the order of the Division Bench before the Hon'ble Supreme Court.

(3.) IT is the case of the petitioner that in the guise of evicting the petitioner and his family members pursuant to the order in wp No. 2872/1998, the respondent has taken away all his belongings from the premises under his occupation without authority of law. Therefore, he has filed this writ petition for the aforesaid reliefs.