( 1 ) THIS is a petition under Art. 226 of the Constitution of India brought by the petitioner in respect of an order passed by the Estate Officer under S. 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petitioner at the relevant time was employed as a civilian clerk in the Defence Services. He was allotted a Quarter situated at T-13, Tabruk Lane in Delhi Cantonment. Apparently, he was posted out of Delhi in March, 1968, but he retained the quarter. It seems that he went on paying the market rent but eventually as per letter, dated 18th March, 1974, he was informed that the allotment of his quarter was deemed to have been cancelled with effect from 9th March, 1968. This was followed by the order of Estate Officer, Brig. P. Bhattacharya, holding that the petitioner was an unauthorised occupant who had to be evicted.

( 2 ) THE petitioner filed an appeal under S. 9 of the Act which was heard by Shri G. R. Luthra, Additional District Judge, Delhi. The appellate order was passed on 23rd April, 1975. It was there held that the allotment had been cancelled on 18th March, 1974, with effect from 9th March, 1 968. It was observed that the petitione