MULAKH RAJ Vs. COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the parties. Feeling aggrieved by the judgment/order of the High Court of Punjab and Haryana dated 19th August, 1988 in Civil Writ Petition No. 6706 of 1988 the appellant has filed this appeals by special leave assailing the said judgment. In the said order the High Court dismissed the writ petition filed by the appellant against the order passed by the Commissioner directing eviction of the appellant under the provisions of Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short the Act).

(2.) On perusal of the records we find that the land in question belongs to the State Government in the Department of Rehabilitation: on a requisition made by the said department a proceeding under the Act was initiated in which the appellant raised the objection that the property no longer belongs to the State government on being transferred it is the property, of the Pathankot Improvement Trust. The Writ Petition filed by the appellant was disposed of by the High Court by the order that the appellant will not be dispossessed from the land except in accordance with law.

(3.) Thereafter, a proceeding under the Act was initiated for eviction of the appellant on the requisition sent by the Improvement Trust in which the appellant took the stand that the property belongs to the State Government and the Improvement Trust, in the absence of a deed of conveyance, is not entitled to get him evicted from the land. Concededly, the appellant has no order of allotment from the State government of any other competent authority for the suit land in his favour.