AMRUTLAL THAKARSHI Vs. DY EXECUTIVE ENGINEER

JUDGEMENT

(1.) SPECIAL Civil Applications were preferred by the appellants herein seeking a writ of certiorari to quash and set aside the order dated 16. 12. 05 passed by the 3rd Fast Track Court, Gondal in the appeals and also for a direction not to evict the appellants from their respective shops. Alternatively, direction is also sought for regularization of their occupation of the premises.

(2.) DETAILED reasons have been stated by the Fast Track Court in the order passed in appeals. Notices were issued to the tenants as well as copies of the notices were sent to the sub-tenants by the concerned authorities in exercise of powers conferred under section 4 of the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972. Section 4 of the Act enables the Competent Officer, if he is satisfied, to issue notice to show cause against the lessee or sub-lessee as to why he shall not be evicted under the provisions of the said Act. It is clearly stated in section 4 itself that if the Competent Officer is satisfied that the person authorized to occupy any public premises, sublet without the permission of the State Government, the Competent authority is obliged to take action against them. The facts of these cases will indicate that the status of the appellants herein is that of a sub-lessee. The learned single Judge has specifically dealt with these facts in para 10 of the judgment. Learned single Judge has also noticed that the petitioners (appellants) could not produce any evidence to satisfy that subletting in their favour was valid or that the lessee or the sub-lessee had obtained any permission from the State Government to hold on the possession of the leased premises. Further it was also noticed by the learned single Judge that the appellants conceded that the there is no valid lease in their favour. That being the fact situation, the Fast Track Court, Gondal rightly invoked the provisions under section 4 of the Act.

(3.) WE, therefore, find no reason to interfere with the orders of the learned single Judge. Appeals therefore lack merits and are dismissed. Interim order granted earlier is vacated.