STATE OF MYSORE Vs. P SHANKARANARAYANA RAO

JUDGEMENT

(1.) This revision petition under Sec. 115 of the CPC raises a short but an important question, i.e., whether the Dist Judge who is constituted as an appellate Officer under S.10 of the Karnataka Public Premises (Eviction of unauthorised occupants) Act, 1961 (called shortly 'the Act'), acts as Court or persona designata.

(2.) Respondent 1 is occupying certain public premises at Cubbon Park, Bangalore, in which he is running a restaurant. The Headquarters Asst to the Deputy Commr of Bangalore, after enquiry, under the Act, made an order under S.5(l) directing the occupant to vacate the said premises 'within 45 days from the date of his order. Against that order, respondent 1 appealed before the Dist Judge under S. 10 of the Act. The Dist Judge has allow'd the appeal on the principal ground that the Headquarters Asst to the Deputy Commr was not validly appointed, and therefore not a competent, authority to make the order of eviction.

(3.) The, State has challenged the appellate order in this revision petition under S.115 of the CPC, the maintainability of which is th"1 preliminary question for consideration.