H NANJUNDAIH Vs. ASWATHNARAYANA RAO
SUPREME COURT OF INDIA
Click here to view full judgement.
(2.)Heard learned counsel for the parties.
(3.)The appellant herein, while working as technical officer in the directorate of health and family planning services, Bangalore, was allotted government quarter bearing no. C-9, Jayamahal Extension, Bangalore. In the year 1984, the government decided to construct first floor on the building occupied by the appellant. Aggrieved thereby, the appellant filed a suit for permanent injunction restraining the respondents herein, from constructing first floor. The said suit was dismissed. Regular first appeal, filed by the appellant, was also dismissed by the high Court. The High Court while dismissing the RFA, passed the following order:
"I therefore direct the government to put up the first floor construction forthwith if it is not done already and recover the difference in cost thereof from the plaintiff from his salary or from any other money payable to him by the government and such deduction shall start as and from January 1999 It is significant to point out that nearly 14 years as on date, the plaintiff has successfully prevented the government from putting up the construction by abuse of process of court It is open to the government to calculate the approximate cost and approximate loss or the difference in cost of construction and recover the same in instalments from the plaintiff taking into consideration the total number of years of service with the government"
Copyright © Regent Computronics Pvt.Ltd.