CHANDU NAIK Vs. SITARAM B NAIK

JUDGEMENT

(1.) This is an appeal by special leave arising out of a proceeding under S. 145 of the Code of Criminal Procedure, 1973 - hereinafter called the Code, initiated at the instance of respondent No. 1 (for brevity, hereinafter the respondent). The said respondent filed an application on the 29th July, 1975 against appellants 1 and 2 before the Magistrate alleging that there is a Hotel known as "Suresh Maharashtra Tea and Cold Drinks and Eating House" on the disputed land which was owned by and in occupation of the respondent. The appellants forcibly dispossessed him from the Hotel on the 5th July, 1975. The application under S. 145 was filed initially against appellants 1 and 2. But at the instance of appellant number 3 he was also subsequently joined as a party to the proceeding.

(2.) The Magistrate passed a preliminary order under S. 145 (1) of the Code on the 29th July, 1975 asking the parties to appear before him and put in their written statement. On the same date, however, he attached the disputed property under S. 146 (1) of the Code. The appellants put in their written statements on the 2nd August, 1975. There after the case was heard by the Magistrate from time to time.

(3.) The Maharashtra Vacant Land (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975 - hereinafter called the Act, came into force replacing an Ordinance promulgated earlier. The Act was deemed to have come into force in the area where the disputed property is situated on the 11th November, 1975. It seems the Hotel was constructed and is situated on a piece of "vacant land" in an "urban area" within the meaning of the Act. The Act was passed to prohibit unauthorised occupation of vacant lands in the urban area of the State of Maharashtra and to provide for summary eviction of persons from such lands. The Competent Authority under the Act was empowered under S. 4 to evict persons from unauthorised occupation of vacant lands. Section 8 of the Act which provides for a Bar of jurisdication of Courts reads as follows:-