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2017 Supreme(Online)(Chh) 406

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Surendra Tiwari v. Regional Protection Officer Surajpur and Another


Advocates:
For the Appellants/Petitioners: Mr. Devershi Thakur
For the Respondents: Mr. K.K. Shrivastava

Table of Content
1. unauthorised occupancy after retirement (Para 1 , 2 , 6)
2. jurisdictional objections raised by the petitioner (Para 3 , 4)
3. court's observations on unauthorized occupancy and eviction process (Para 5 , 7)
4. final conclusion of petition dismissal (Para 9 , 16)
5. analysis of appellate authority's qualifications (Para 11 , 12 , 13)

1. The petitioner herein worked with the respondent South Eastern Coalfields Limited (SECL) in its Bishrampur colliery and he was allotted quarter No.1 - B / 47 during his employment. He stood retired from SECL on 30-6-2010, but did not vacate the premises even after his retirement and he was served with a notice to vacate the allotted quarter, however, he did not vacate the same even after receipt of notice leading to serving of notice under S.4(2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short, 'the Act of 1971'). Pursuant to the notice, the petitioner appeared through his advocate and also filed his reply, but on the date of evidence, neither he nor his counsel appeared and ex parte evidence was recorded and the case was fixed on 16-5-2014 for arguments and ultimately, order under S.5 of the Act of 1


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