Ahok Mantagi vs The Director General on 29 August, 2019

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Karnataka High Court

Ahok Mantagi vs The Director General on 29 August, 2019

Bench: Alok Aradhe

                         1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 29TH DAY OF AUGUST, 2019

                      BEFORE
      THE HON'BLE MR. JUSTICE ALOK ARADHE

WRIT PETITION Nos.38826-38829/2019 (GM-RES)

BETWEEN:

1.    Ahok Mantagi,
      S/o Late Pralhad Mantagi,
      Age 39 years,
      R/at Type-III, Quarter No.4/2,
      DGQA Residential Complex,
      Gunatha Vihar Post,
      J.C. Nagar,
      Bangalore - 06.

2.    Archana Jha,
      W/o Deepak Kumar Jha,
      Aged about 33 years,
      R/at Type-III, Quarter No.02/6,
      DGQA Residential Complex,
      Gunatha Vihar Post,
      J.C. Nagar,
      Bangalore - 06.

3.    Tazimulla Sheriff,
      S/o Late Dowood Shariff,
      Age 52 years,
      R/at Type-III, Quarter No.11/6,
      DGQA Residential Complex,
      Gunatha Vihar Post,
      J.C. Nagar,
      Bangalore - 06.
                             2



4.   B. Ram Kumar,
     S/o O.R. Bhaktavatasala,
     Age 59 years,
     R/at Type-III, Quarter No.05/12,
     DGQA Residential Complex,
     Gunatha Vihar Post,
     J.C. Nagar,
     Bangalore - 06.
                                     ... Petitioners
(By Sri R. Shashidhara, Advocate)


AND:

1. The Director General,
   Controllerate of Quality
   Assurance (Electronics),
   Ministry of Defense (DGQA),
   J.C. Nagar Post,
   Bangalore - 560 006.

2. The A.A.O.G.E. (NORTH)
   T/64, Meance Lines,
   MEG & Center,
   Bangalore - 560 042.

3. The Commandant and MD,
   515 Army Base Work Shop,
   Ulsoor,
   Bangalore - 560 008.

4. The Director, DQA (L),
   G Block, DHQ PO,
   New Delhi - 110 011.
                                  ... Respondents

(By Smt H.R. Anitha, CGC)
                            3



     These Writ Petitions are filed under Articles
226 and 227 of the Constitution of India, praying to
quash the order passed by the R-1 dated
08.08.2019 vide Annexure-N to this Writ Petition
and etc.

     These Writ Petitions coming on for Preliminary
Hearing, this day, the Court made the following:-


                         ORDER

In these writ petitions under Articles 226 and 227 of the Constitution of India, petitioners inter alia seek a writ of mandamus for quashment of order dated 8.8.2019 by which an application made by the petitioners for retention of quarters allotted to them has been rejected.

2. I have heard learned Counsel for the petitioners at length.

3. It is the case of the petitioners that even though several accommodations are vacant, yet the petitioners are being forced to vacate premises in their occupation. It is submitted that in case, any 4 action for dispossession is being taken, it shall be in accordance with law. It is well settled position of law that even though a person is in unauthorized occupation of the premises, he cannot be thrown out forcibly.

4. In view of the aforesaid submissions, the writ petitions are disposed of. Any action for dispossession of the petitioners shall be taken strictly in accordance with the procedure as provided in Public Premises Eviction of unauthorized Occupants Act, 1971.

Sd/-

JUDGE Cs/-

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