- (1.) IT has been alleged by the appellant petitioner that he was allotted the premises on the ground that he was in occupation, after cancelling the allotment of the original allottee, by the order dated 10.9.2003. A copy of that order is annexed as Annexure -1 to this appeal.
(2.) THIS allotment is corroborated by the fact that, by order dated 04.10.2006, Annexure -5/1 of this appeal, the said allotment order has been cancelled on the ground of non -compliance of some conditions of the allotment. This would mean that from the date of the allotment, till the date of cancellation of the allotment i.e. on 4.10.2006., the petitioner was occupying the premises on the strength of the said allotment order. That being the case, during the subsistence of the allotment, the petitioner was not liable to be evicted or to be given notice in Form -D, under Section 4 of the Bihar (Jharkhand) Government Premises (Rent, Recovery and Eviction) Act, 1956 (Bihar Act XX of 1956), on 20.9.2006. A copy of that notice is annexed as Annexure -5 to this appeal. The grievance of the appellant -petitioner is that the appellant -petitioner was issued allotment order, and during the subsistence of that allotment order, the appellant -petitioner has been evicted without any opportunity of hearing.
(3.) MORE important grievance of the appellant -petitioner is that the allotment order has been cancelled by the impugned order dated 4.10.2006, without giving any show cause notice to the appellant -petitioner, disclosing which condition of the allotment had been violated by him and required him to show cause as to why the allotment order should not be cancelled.;