- (1.) This petition has been filed under Section 226 of the Constitution of India by the petitioner for quashing the order dated 16.2.2008 passed by respondent No. 3, the Estate Officer, whereby, the learned Estate Officer has directed the petitioner to vacate the quarter, which is without application of mind.
(2.) In the writ petition, it is stated that the petitioner was an employee of respondent No. 1 and he was having a quarter in licence in view of his service condition. He has been superannuated from the service in the year 2001. Thereafter, he applied for the leave and licence to retain the house but no order was passed by the respondent authority. The respondent thereafter, opted to seek assistance of respondent No. 3 to get the house (quarter) vacated under the Public Premises (Eviction of Unauthorized Occupant) Act, 1971.
(3.) The Estate Officer issued a notice, thereafter the impugned order of vacation of the house (quarter) was passed. Learned counsel for the respondent filed a counter affidavit and it was contended that the order is an appellate order under Section 9 of the Public Premises (Eviction of Unauthorized Occupant) Act, 1971. The learned counsel for the respondent refuted the condition and contended that the order has been passed in utter violation of the provision of law. It is not disputed that the respondent No. 3 has no power to pass an order and the order has been passed by the respondent No. 3 well without jurisdiction.;