Anubha Rawat Choudhary, J. - (1.) This writ petition has been filed for the following reliefs: "For a direction upon the respondents not to evict the petitioner from quarter no. B- 1094/Sector II which was under occupation and possession of the petitioner and which quarter was taken by the petitioner under the scheme of leave and licence and as per the rule of corporation the petitioner deposited Rs.30,000/- as an advance money and without serving notice the respondents forcibly dispossessed the petitioner from the quarter, therefore possession may be restored in favour of the petitioner and the respondents may be directed to give possession to the petitioner in the aforesaid quarter."
(2.) The counsel for the petitioner submits that the quarter involved in this case was allotted to the petitioner as he was the employee of the respondent Heavy Engineering Corporation. After retirement the petitioner had taken the quarter under the scheme of leave and licence and paid Rs.30,000/- to the respondent. Thereafter while living in the quarter applied for taking ''A'' type quarter on lease pursuant to application invited by respondent corporation for its ex-employees and the petitioner also paid Rs.17,220/- as advance money for allocation of ''A'' type quarter. He submits that quarter number A/82 was allotted to the petitioner but was in damaged condition and therefore the petitioner requested for another quarter but no such allotment was made. Accordingly, the petitioner filed writ petition being W.P.(C) No.4230 of 2006 with a prayer from this Court directing the respondent corporation to settle ''A'' type quarter on long term lease.
(3.) During the pendency of the said writ petition being W.P.(C) No.4230 of 2006 the respondent corporation instituted case for eviction of the petitioner from the quarter involved in this case and the petitioner was served with notice in Case No. P.P. Act/estate/2007-08-035 dated 31.01.2007 and the petitioner vide letter filed on 21.02.2007 before the Estate Officer of the respondent corporation as contained in Annexure-1 to the writ petition brought to the notice of the authority that one writ petition being W.P.(C) No.4230 of 2006 was filed by the petitioner which was pending and requested the said authority to wait till the outcome of the writ petition being W.P.(C) No. 4230 of 2006. The petitioner submits that the petitioner has been evicted during the pendency of W.P.(C) No.4230 of 2006 without waiting for the outcome of the writ petition.;