AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. S. Thapa, learned counsel for the petitioner as well as Mr. K.P. Bhattacharjee, learned State counsel.
The brief fact of the petitioner''s case in a nutshell is that:
This is an application under Article 226 of the Constitution of India for issuance of a writ in the nature of Mandamus and/or
Certiorari and/or any other writ, order or direction assailing the impugned order No. DJW 95/94/58 dated 04.04.2016 and Order
No. 95/94/69 dated 25.07.2016 passed by the Respondent No. 2, Superintendent, District Jail, Williamnagar therein directing the
Petitioner to vacate the quarter inspite of there being a stay Order dated 14.03.2016 passed by this Hon''ble Court in W.P (C) No.
82 of 2016 against the operation of entire select list and pendency of the said writ and related contempt proceeding.
Being aggrieved and dissatisfied with the illegal and arbitrary action of the Respondent authority in issuing the vacation notice during
the pendency of the writ petition and stay of entire select list, the petitioner has approached this Hon''ble Court for redressal of his
genuine grievance.
The learned counsel for the petitioner submits that the respondent has issued a notice to the petitioner to vacate the official quarter; therefore the
petitioner filed this instant petition.
I would like to mention that writ jurisdiction can be invoked only where it is necessary and there is no other alternative remedy. In this case, I am
of the opinion that the respondent can approach the Civil Court under the Public Premises Act and I would also like to remind that no one can be
evicted without following the due process of law. As such, I am not inclined to interfere with this instant writ petition.
With this observation and direction the writ petition is dismissed and stands disposed of.
The Registry is directed to send a copy of this judgment and order to the Superintendent, District Jail, Williamnagar through Mr. K.P.
Bhattacharjee, learned State counsel.