B SATHYANARAYANA Vs. ADDITIONAL DISTRICT JUDGA CHITRADURGA

JUDGEMENT

(1.) In this Writ Petition referred to Division Bench under Section 9 of of the Karnataaka High Court Act, the following question of law arises for consideration:

(2.) The facts of the case arethese: The petitioner took a premises belonging to the Municipal Council, Davanagere on lease for a term for the purpose of running a hotel. The period of lease came to an end on 31-3-1983. Thereafter the Muncipal Council issued a notice to the appellant to vacate the premises. As he failed to vacate the premises, proceedings were inliated by the Estate Officer appointed under the provisions of Section 5(1) of the Karnataka Public Premises (Evictions of Unauthorised Occupants) Act/ 1974 (the Act' for short) calling upon the petitioner, to show cause as to why he should not be evicted from the premises. Rejecting his objections to the show cause notice, an order was passed on 24-7-1986 calling upon the petitioner to vacate the premises with in 30 days from the date of the said order.

(3.) Aggrieved by the said order,the petitioner preferred an appeal before the District Judge, Chitradurga under Section 10 of the Act. The appeal was disposed of by the Additional District Judge, to whom the matter was assigned by the District Judge to dispose if of on merits. The Additional District Judge has held that the petitioner has become an unauthorised occupant after 31-3-1983 and therefore the order passed by the Estate Officer is in accordance with law. The objection of the petitioner that the Additional District Judge has no jurisdiction to dispose of the appeal, was rejected.