S.K. Dhaon, J. - (1.) THE Petitioner, a retired Government servant, has invoked the jurisdiction of this Court under Article 226 of the Constitution and has challenged the legality of the proceedings initiated under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as the Act) for his eviction from a Government premises on the ground that he is an unauthorised occupant of the same.
(2.) THE Petitioner was a Joint Director of Education (Finance) Uttar Pradesh, Allahabad. He was allotted a House No. 85 -A Mahatma Gandhi Marg, Allahabad (hereinafter referred to as the premises) by the Director of Education, Uttar Pradesh, Allahabad. The order of allotment was passed on 7th November, 1979. The order of allotment recited that the premises which were situate in the precincts of the Government Inter College, Allahabad and which had fallen vacant on account of the retirement of Kumari Shushma Mangalic, Joint Director of Education (Women) was being allotted to Sri Gauri Shankar Lal (the Petitioner) Joint Director of Education (Finance), Uttar Pradesh, Allahabad. The Petitioner retired from the service of the Education Department on 31st January, 1980. Inspite of several notices sent by the Director of Education he failed to vacate the premises Finally proceedings were initiated under the Act by issuing a notice to the Petitioner under Section 4 thereof. The Prescribed Authority on 14th June, 1982, directed the Petitioner to vacate the premises within a period of 30 days from the date of its order. Feeling aggrieved, the Petitioner preferred an appeal which was dismissed by the VIth Additional District Judge, Allahabad on 17th May, 1983. The orders of the Appellate Authority as well as the Prescribed Authority art being impugned before this Court.
(3.) SECTION 2(e) of the Act defines 'public premises' to mean: any premises belonging or taken on lease or requisitioned by or on behalf of the State Government. Section 2(g) provident - - Unauthorised occupation' in relation to any public premises means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which the capacity in which he was allowed to hold or occupy the premises has expired or has been determined for any reason whatsoever, and also includes continuance in occupation in the circumstances specified in Sub -section (1) of Section 7, and shall not, merely by reason of the fact he bad paid any amount as rent be deemed to be in authorised occupation.;