The British India Corporation ... vs Sri Om Dutt Bajpai
2011 Latest Caselaw 1361 ALL

Citation : 2011 Latest Caselaw 1361 ALL
Judgement Date : 26 April, 2011

Allahabad High Court

The British India Corporation ... vs Sri Om Dutt Bajpai on 26 April, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 964 of 2011
 

 
Petitioner :- The British India Corporation Ltd.
 
Respondent :- Sri Om Dutt Bajpai
 
Petitioner Counsel :- Chandra Bhan Gupta
 

 
Hon'ble Rajes Kumar,J.

The respondent was an employee of the petitioner. The petitioner asked the respondent to vacate Quarters No. 17 & 18 and Bungalow No. 47-A, Mac Roberts Ganj Settlement, Lal Imli Colony, Chunniganj, Kanpur. Thereafter, the Estate Officer / General Manager, British India Corporation Limited in P.P.E. Case No. 1 of 2008 in exercise of power under Section 4-1 of the Public Premises (Eviction of Unauthorized Occupant) Act, 1971 directed the respondent to vacate the premises. Against the said order, the respondent filed appeal being Misc. Appeal No. 142 of 2008. In the said appeal, Special Judge (E.C. Act), Kanpur Nagar passed the impugned order dated 31.3.2011 by which the petitioner has been asked to give the details of the various properties of the Company and further by order dated 11.4.2011 he has asked the Officer of the Company to produce all the documents.

Learned counsel for the petitioner submitted that the issue involved in the appeal is whether the order of the Estate Officer dated 5.12.2008 asking the respondent to vacate the premises since he ceased to be the employee of the Company is justified or not and asking the petitioner to produce the details of various properties and other documents are wholly irrelevant.

The contention of the petitioner has a substance.

Issue notice to the respondent returnable at an early date. The petitioner may take the steps to serve the respondent by registered post within a week.

List in the week commencing 23.5.2011.

Till the next date of listing, the operation of the order dated 31.3.2011 and order dated 11.4.2011 asking the petitioner to give the details of the properties of the Company and other various documents shall remain stayed.

Order Date :- 26.4.2011