SURENDRA SINGH BAGGA Vs. COLLECTOR DISTRICT MAGISTRATE VARANASI

JUDGEMENT

(1.) Whether a District Magistrate of any District of this State has been vested with Jurisdiction on a Landlord's petition to direct the Police force to evict a tenant from the tenanted premises, who can be evicted under the tenancy laws--State or Central alone, is the core question which requires our adjudication in this proceedings under Article 226 of the Constitution of India.

(2.) The petitioners, who claim to be lawful tenants and occupants of House No. S-17/390, Mohalla Nadesar. Town and District Varanasl, pray to quash the order dated 21.7.1995 passed by the District Magistrate. Varanasl on the application dated 21.7.1995 of respondent No. 3 Mohd. Iqbal as contained in Annexure-3. 2.1. The impugned order reads thus :

(3.) A perusal of the application as contained in Annexure-3 shows following facts : Respondent No. 3 Mohd. Iqbal of House No. 517/388 Nadesar. Police Station Cantt., Varanasi, filed it before the Senior Superintendent of Police, Varanasi for vacation of his house from the tenant stating, inter alia, that he has seven sons and three daughters, out of whom four sons and two daughters are adult, who all are sitting idle at house as the financial position is not sound ; about 15 years ago, when his children were very small, and could not do anything, the house was given in tenancy to Yogendra Slngh Bagga (whose son is Petitioner No. 1) and Ram Singh Bagga (whose son is Petitioner No. 2) on this term that when his children will grow up and will be in a position to do something the same will be vacated ; when such an occasion has come for vacating the house in terms of the aforementioned condition Yogendra Slngh Bagga and Ram Singh Bagga filed a suit as a result of which becoming helpless he, too, has filed a case which is pending in the High Court : Yogendra Singh Bagga and his brother Ram Singh Bagga, who are having enough money and are having relations with undesirable elements of the city, despite repeated request by him did not hear and even torn and threw the agreement and asked him to do whatever he may do so but the house will not be vacated : a Panchayat (Arbitration) was also held but Bagga brothers did not hear to anyone and on the strength of the undesirable elements even became ready to assault ; Bagga brothers have got house and many shops and godowns in front of the road opposite the house in question, yet they want to occupy his house ; and thus it is requested that in this regard the appellants and honoured citizens of the Mohalla be called at Police Station and a Panchayat (Arbitration) be done and steps be taken for vacation of his house so that justice could be done. It further appears that a copy of the aforementioned application was forwarded to many authorities including the Collector of the District Varanasi.