M.Y.EQBAL, J. - (1.) HEARD Mr. A.K. Sinha, learned senior counsel appearing for the petitioners, Mrs. I Sen Choudhary, learned counsel appearing for the respondent - Housing Board and Mr. A.K. Sahani, learned counsel for the respondent No. 5.
(2.) IN this writ application the petitioners have prayed for quashing the order as contained in memo No. 307 dated 30.3.2000, by which respondent No. 4, Sub -Divisional Officer, Bermo issued the order for eviction of flats/houses and also for quashing the notice dated 7.4.2000 published in the newspaper by which petitioners alongwith others have been directed to vacate the quarters by 22.4.2000. Petitioners case inter alia is that they have been provided quarters/houses from their employer, namely, Indian Explosive Limited, Gomia. It is stated that all the petitioners except petitioner Nos. 1, 2, 6 and 16 were allotted different quarters description of which have been given in the petition. So far petitioner Nos. 1. 2, 6 and 16 are concerned they have got the quarters allotted in the name of their family members. It is stated that petitioners have paid rents through their employer I.E.L. till they were under their employment. Petitioners took voluntary retirement from I.E.L. in the year 1995. Under the Voluntary Retirement Scheme, the rent has been deducted since 1998. It is stated that petitioners are always ready to pay monthly rent to the Housing Board but the Board without any rhyme and reason is taking coercive steps against the petitioner alongwith other persons. The Sub -Divisional Officer. Bermo issued general notice published in the news -paper and directed the petitioners and others to vacate the quarters, failing which coercive action will be taken for their eviction. Petitioners made representation to the Housing board for allotment of the quarters in their favour but nothing has been done.
(3.) A counter -affidavit has been filed on behalf of the respondent -Housing Board. The respondents case is that petitioners are in unauthorised occupation of the quarters owned by the Board and they were directed to vacate the quarters by their employer I.E.L. as soon as they retired under the Voluntary Retirement Scheme. The employer of the petitioners I.E.L. surrendered the quarters to the Housing Board by letter dated 21.7.1999 including all these quarters which are illegally occupied by the petitioners. It is stated that the respondent -Board is suffering huge loss because of the houses/quarters were given to the employer on a very low rent which was not even enough for maintenance of the colony.;