APPASAB DHAREPPA MAGADUM Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The grievance of the petitioner is that, the petitioner, who is running a cement business in shop No.12 at Raibag Railway Station, was issued a notice/order dtd. 16/3/2012, directing him to vacate the premises on or before 23/12/2012. The said order dtd. 16/3/2012 is on the basis of the oral instructions of the respondent No.1, based on an alleged complaint of respondent No.4, without giving an opportunity of being heard to the petitioner.

(3.) Subsequently, the petitioner filed necessary proceedings challenging the said notice under Sec. (2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as 'the Act', for short), which came to be dismissed on the ground that the respondent No.3 is not an Estate Officer and therefore, no powers can be exercised under Sec. 9(2) of the Act. The petitioner was relegated to file necessary proceedings before the respondent No.2 in appeal against the order passed by the respondent No.3. The petitioner therefore filed an appeal, which came to be disposed of vide order dtd. 28/4/2015, which is under challenge in these proceedings.