- (1.) Heard the learned Advocates appearing for the parties.
(2.) This Appeal and applications both are taken up for final disposal on consent of the parties by dispensing with the service of notice of appeal and all other formalities.
(3.) Assailing the order dated 17th March, 2010, passed in W. P. 5155 (W) of 2010, this appeal has been preferred. The impugned order reads such :- "In this writ application, the petitioner has challenged a notice under Section 3A of the Public Premises Eviction of Unauthorised Occupants Act, 1971, calling upon the petitioner to vacate the quarters occupied by him at the IIT campus forthwith, failing which steps would be taken for eviction of the petitioner, if necessary, by use of force. The petitioner was appointed Scientific Officer of Indian Institute of Technology, Kharagpur and was allowed to occupy the said quarters for as long as the petitioner was in the service of the Indian Institute of Technology. By a memo dated 11th September, 2006 the petitioner was informed that the petitioner would retire from service with effect from 31st October, 2008 afternoon. The petitioner attained the age of 62 years on 31st October, 2008. On the contention that the petitioner is entitled to continue in service till attainment of the age of 65 years, the petitioner has filed a writ application being W. P. No. 5199 (W) 2009 which is pending disposal. It appears that on 6th April. 2009 His Lordship the Hon'ble Justice Dipankar Datta issued directions for affidavits. There was. however, no interim order. From the averments in the petition it is apparent that the petitioner has been paid his retiral benefits. It is, however, not for this Court to consider the merits of the writ application being W. P. 5199 (W) of 2009, pending in this Court. Suffice it note that the petitioner was allowed to occupy the quarters for as long as he was in service of the Indian Institute of Technology. The petitioner has apparently retired from service and is thus liable to vacate the quarters. If and when the petitioner succeeds in his writ petition the Authorities of Indian Institute of Technology shall have to provide the petitioner with official accommodation. The petitioner was allowed temporary occupation of the quarters. Section 3A is attracted. The notice under Section 3A does not call for interference of this Court. The writ application is thus, dismissed. Affidavits not having been called for, the allegations contained in the writ application shall be deemed not to have been admitted. The Authorities of the Indian Institute of Technology shall, however, grant the petitioner at least 30 days' time from date to vacate the premises. Urgent certified Photostat copy of this order, if applied for, be supplied to the learned advocates appearing for the parties on compliance with the requisite formalities.";