AI Structured Summary
Not yet generated for this judgment
Judgment
Issue notice to the respondents.
Mr.Prabhuling K.Navadgi, learned Additional Solicitor General, accepts notice for the respondents through his junior Mr.Jayakara Shetty H, learned Central Government Counsel.
Formal service of notice of this appeal to the respondents is, therefore, dispensed with.
The writ petitioner is working in the Indian Army Services. He is on study leave. He was asked to vacate the quarter from the command area and the authorities have provided him, also, an alternate accommodation. He has not vacated. On the contrary, he has challenged the order directing him to vacate the quarter.
The Hon''ble Single Judge, in our view, rightly dismissed the writ petition.
However, when this matter is taken up for hearing, Mr.Shashi Kiran Shetty, learned senior advocate appearing for the appellant, submits, on instructions, that the writ petitioner
- appellant will be vacating the quarter by May 1, 2017, peremptorily. Mr.Navadgi, on instructions, accepted the offer.
Therefore, the appeal is disposed of by granting liberty to the writ petitioner - appellant to vacate the quarter on or before May 1, 2017.
The appellant is directed to file an undertaking to that effect by March 21, 2017.
Post this matter under the heading "To be mentioned", for filing the undertaking, on March 21, 2017.
If the undertaking is filed by March 21, 2017, the appellant will be permitted to occupy the premises till May 1, 2017. In default of filing the undertaking, with an affidavit, the appellant shall vacate the quarter, at once. Liberty is reserved to the authorities to take appropriate action against the appellant in accordance with law.
In view of disposal of this appeal, the pending interlocutory applications do not survive for consideration and are, also, disposed of.
We make no order as to costs.