VIBHA JHA Vs. BOKARO STEEL PLANT

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has sought for quashing the appellate order passed by 1st Additional District Judge, Bokaro, in Miscellaneous Appeal No. 36 of 2003, whereby the order dated 11th, November, 2003 passed by the Estate Officer has been confirmed. The petitioner has also sought for quashing the letter dated 28th July, 2003 (Annexure6), whereby the allotment of room has been cancelled.

(3.) LEARNED counsel for the respondents, on the other hand, submits that from perusal of the order of allotment (Annexure 1 series), it would appear that the allotment was purely temporary allotment for one year to the press -correspondents stationed at Bokoro Still city amongst whom the petitioner was one of them and it was indicated that if the allottee ceases to be correspondent the allotment shall be treated as unauthorized occupation. It is further submitted that the instant issue of the deposit of rent and the order of cancellation of the allotment were not raised before the Estate Officer by the petitioner despite notice and after passing the ex parte order by the Estate Officer the petitioner preferred instant appeal being Miscellaneous Appeal No. 36 of 2003 before the court of 1st Additional District Judge, Bokaro. The question relating to cancellation of allotment as also the issue raised regarding the deposit of rent, were also raised before the Appellate Authority which has considered the contention of the petitioner in detail while affirming the order of eviction by the impugned order. The learned Appellate Court has come to the finding that there are no illegality in the findings of the Lower Court's judgment and the petitioner herself did not appear on a number of dates consecutively whereafter the Estate Officer proceeded to hear the proceeding ex parte against the appellant petitioner herein. Learned counsel for the respondents therefore submits that the order has been given effect to and the petitioner has also been evicted, in the circumstances, no interference is required.