DELHI HIGH COURT
YASHWANT VARMA
Pankaj Bansal – Appellant
Versus
Superintendent of Police (HQ), Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. petitioner's grievances and past court submissions. (Para 2 , 3) |
| 2. representation treated as valid request to general mandate. (Para 4 , 5) |
| 3. interpretation of allotment rules regarding deputation. (Para 6) |
| 4. dismissal of the writ petition. (Para 7) |
JUDGMENT
Yashwant Varma, J. (Oral)--This writ petition is thoroughly misconceived and clearly in abuse of the process of Court for reasons which follow.
2. Undisputedly, the order of 15 October 2020, which is impugned here, was questioned by the petitioner by preferring W.P.(C) 10727/2020. That writ petition came to be disposed of by a learned judge on 18 December 2020 in the following terms: -
"3 The petitioner's grievance is that the demand of roughly Rs.97,442/- along with interest @ 6.85% p.a. w.e.f. 2013 is an exorbitant amount which he cannot afford, therefore he would like the Department to reconsider its demand and accommodate his request. The learned counsel for the petitioner argues that since the petitioner was in the same station, therefore, on merits, he would be entitled to retain the said residential accommodation.
4 The learned Standing Counsel for the respondent submits, upon instructions, that there
Eviction orders under the Public Premises Act cannot be contested when no challenge was raised in prior proceedings, affirming that retention during deputation doesn't confer the right to continued o....
The retention of government accommodation was legally sanctioned, and the recovery of damage rent was deemed arbitrary and unlawful under constitutional principles and applicable laws.
Unauthorized retention of govt. accommodation post-transfer/dismissal periods attracts damage charges per allotment rules; retrospective levy improper if license fee deducted.
The central legal point established in the judgment is the temporary nature of the allotment and the petitioner's obligation to vacate the premises after his medical condition improved.
Temporary allotments do not confer a permanent right to occupy public premises, especially when circumstances for such allotment are no longer valid.
The lack of a finding on the issue of the petitioner's tenancy at the time of resumption was crucial in determining the petitioner's status as an unauthorised occupant.
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