TRIKAMLAL K KELA Vs. CHIEF OFFICER

JUDGEMENT

(1.) AS both the matters are interconnected and common questions may be required to be considered, they are being heard simultaneously.

(2.) THE short facts are that the proceedings for eviction were initiated by the issuance of the notice dated 10.06.1975 for the property in question. Since the property was not vacated, the Municipality approached to the competent authority under Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as the "PP Act" for the sake of convenience). Thereafter, the proceedings were initiated and the competent authority passed the order for dismissing the application of the municipality. The matter was carried in appeal by the municipality before the District Court and vide judgment dated 30.04.1980, the appeal was allowed and the matter was remanded to the Deputy Collector for fresh proceedings. The Deputy Collector thereafter, initiated the proceedings and ultimately, on 25.01.1983, passed the order for eviction under section 5(1) of the PP Act. The petitioner preferred an appeal before the District Court being Civil Misc. Appeal No. 12/83 against the order of the Deputy Collector under the PP Act. As per the petitioner, pending the appeal, he applied to the municipality for transfer of tenancy by way of regularisation and by way of premium and the said application was granted by the municipality. It appears that against the said decision of the municipality, the legal heirs of the original tenant approached before the Deputy Collector under section 258 of the Gujarat Municipalities Act (hereinafter referred to as the " Act" for short) and the District Collector, vide order dated 13.07.1993, set aside the decision of the Municipality, but he further directed the municipality to allot shop to the applicants before him. The petitioners carried the matter before the State Government in revision and the State Government vide order dated 10.01.1997, set aside the order of the District Collector. In the meantime, the appeal pending before the District Judge came to be decided vide judgment dated 30.10.1996 and the learned District Judge dismissed the appeal under the PP Act. The petitioner preferred review application and the said application was also dismissed on 31.01.1997. Under the circumstances, the petitioner of Special Civil Application No.1262/97 has approached to this Court with the prayer inter alia to set aside judgment of the District Judge in appeal for eviction under the PP Act.

(3.) I have heard Mr. Ashish Shah for Mr. Raval for the petitioners of Special Civil Application No.1262/97 who are the original respondents in Special Civil Application No.2518/97. I have also heard Mr.Joshi for the petitioners of Special Civil Application No. 2518/97 who are the original respondents in Special Civil Application No. 1262/97. I have heard Mr. Jayswal, learned AGP for the State authorities in Special Civil Application No.2518/97.