ORDER
1. The petitioner-Railwaymen’s Credit Co-operative Society Limited was allotted a room in Railway Building No. 122 at Old Parcel Complex in Bangalore City under Annexure-B, dated 27-12-1988 by the Divisional Personnel Officer, Southern Railways, Bangalore. Thereafter, a notice as per Annexure-C under Section 4(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was issued to show cause as to why it should not be evicted on the ground that it is in unauthorised occupation of the premises. It was followed by the impugned order at Annexure-E, dated 17-8-1995 cancelling the allotment of the premises. Challenging the notice and the order, the petitioner has filed this writ petition seeking to quash them and to direct the respondents not to take further action pursuant thereto.
2. Statement of objections is filed on behalf of the 2nd respondent stating that the petitioner-society was not duly constituted; that it was not recognised in terms of Paras 23 and 43 of Indian Railway Establishment Code and that since final eviction order has already been passed, the petitioner may challenge the same in appeal etc.
3. The cancellation of allotment under Annexure-E had been made on the ground that the allotment was not by the competent authority. The petitioner is unable to show that the allotment of premises was under due process and in accordance with law. Petitioner has also not shown its right to continue its occupation in the premises in question. Therefore, the impugned order cancelling the allotment was justified. The same need not be quashed.
4. It is to be noted that the notice at Annexure-C was issued to the petitioner before cancelling the allotment of premises. As on the date of issuing the notice, since there was no cancellation order of allotment, the occupation of the petitioner cannot be termed as unauthorised. Hence, the impugned notice at Annexure-C is liable to be quashed on the ground that there was no cause of action for issuing the same. If final order is passed based on Annexure-C, the same would be nullity in the eye of law and respondents cannot take any action on the basis of such final order.
5. However, it is open to the respondents to initiate fresh proceedings for the eviction of the petitioner from the premises in question under the aforementioned Act. Until passing of final order in accordance with law, the petitioner should not be evicted from the premises in question.
6. It is stated that in respect of other societies which are similarly placed, respondents have provided accommodation. It is not known whether such accommodation has been provided in accordance with law. However, it is open to the petitioner to seek allotment of premises by submitting necessary application and fulfilling all the requirements in accordance with railway laws. If such a request is made, the respondents may consider and dispose of the same in accordance with law.
7. Writ petition stands disposed of quashing the notice at Annexure-C and subject to the above observations/directions.