Need suggestion, please help
Ramakrushna Padhy
(Querist) 25 January 2014
This query is : Resolved
dear my seniors,
one of my client, is staying at govt. quarter, as a rent basis with mutually, consent of to whom the quarter has been allotted,after one and half year, the house owner, created problem,and telling to leave the quarter,my client have one month baby, and difficult to fiend a rent house in this present situation , because he has new born baby,he need pay more attention to his baby.
but the house owner dis connect the electricity connection,of the house with out any information, and after someday, he complained at local police station regarding non leaving the quarter, police has called to my client to police station, but my client is not gone to police station,at the time of staying in this house, the quarter owner taken advance Rs.20000/- and given a hand receipt,but not mention as an advance.except this receipt, there no other prove, but mediator ready to support as witness,police is calling again and again, please, help and suggest what will I do, how handle this situation, and what is the legal procedure. please sugest, its urgent.
thanks & regards
Ramakrushna Padhy
Practitioner
Sudhir Kumar, Advocate
(Expert) 25 January 2014
repeated
http://www.lawyersclubindia.com/experts/Please-help-449496.asp
Sudhir Kumar, Advocate
(Expert) 25 January 2014
that no remedy is there against your client in the hands of allotee without endangering his own career.
This Govt servant is totally helpless and has given enough evidence to your client.
Misuse of Govt servant is violation of code of conduct subject to disciplinary action if reported to the department. In addition this Govt servant will also be paying penal rent from the date of allotment.
Your client can hold this person to his nerves and need not vacate.
He should rather give a police complaint regarding cutting electricity.
Police has no jurisdiction to get the house vacated alothough illegally let out. Such action can be possible under under Public Premises (Eviction of unauthrised occupants) Act.
Please read this act
You are legal adviser
Ramakrushna Padhy
(Querist) 25 January 2014
thanks to my senior,
Please let me know, is there any chance to action against my client, if we go to police station/file petition in court ,for complaint about ,force fully Eviction and disconnected of electricity against the govt.servent to whom allotted the quarter,
he is staying in govt. quarter as rent basis.
thanks & regards
Ramakrushna padhy
Guest
(Expert) 25 January 2014
Mr. Padhy,
There are three different aspects of your client's case, i.e., (1) hiring of Government accommodation from the allottee of the quarter; and (2) forcible eviction of the sub-tenant; and (3) illegal disconnection of supply line by the allottee of the accommodation.
The point-wise position is as follows:
(1) Sub-letting of Government accommodation without the written approval of the competent authority of the Government servant's ofgfice is illegal.
So, any mutual consent between the Government servant and your client renting out or sub-letting of Government accommodation has no relevance.
You may therefore, first of all check if the allottee of the Government residential unit has obtained any written permission from his office or not.
(2) If no permission to sub-letting of the quarter is there, allottee of the quarter is bound to get the quarter vacated by eviction of the sub-lettee, irrespective of whether the allottee has received any notice from the authorities or not. The Government servant may be forcing the tenant to vacate the quarter due to some vigilance complaint against him.
(3) Irrespective of quarter having been let out illegally, the Government servant has no authority to disconnect any supply line of the sub-lettee. Your client can file a complaint with the police for such an illegal act of the Government servant. Police cannot evict your client forcibly without the written official request of the competent authority, who alloted the quarter to the Government servant.
Anirudh
(Expert) 25 January 2014
You cannot approach any court for the issue in question.
It has to be got resolved privately. In fact, as I informed you earlier, your client has to tell the original allottee that he will be making a written complaint to the department.
