VINAY SHUKLA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has come to this Court challenging the vires of section 2(g) of the M.P. Lok Parisar (Bedhakhali) Adhiniyam, 1974 (hereinafter referred to as Adhiniyam). Section 2(g) of the Adhiniyam runs as under: - Section 2(g) "unauthorised occupation" in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.

(2.) PETITIONER has been transferred from Bhopal to Gwalior as member of Board of Revenue, and is supposed to stay in his head -quarters at Gwalior. After the transfer of the petitioner the government passed an order on 17 -6 -1999 declaring the petitioner to be an unauthorised occupant of House No. X -D -1, Char Imli, Bhopal. Even thereafter petitioner did not vacate the premises so allotted to him. Hence the government had to start charging the penal rent amounting to Rs. 3,370/ - per month as per the order dated 28 -10 -1999. Petitioner's appeal is pending before the duly constituted Appellate Authority i.e. Commissioner, Bhopal division. It is further mentioned in the writ that petitioner was transferred to Gwalior prior to 3 and 1/2 years and has not vacated the accommodation at Bhopal, so far.

(3.) IN the writ petition vires of section 9(1) of the Adhiniyam and the notification dated 5 -5 -1989 published in M.P. (extraordinary) Gazette, appointing Commissioner, Bhopal as the Appellate Authority within the meaning of section 9 of the Adhiniyam, has also been assailed. At the out -set it is clear that the order of eviction against the petitioner was passed on 28 -6 -1999. Appeal was preferred way back on 3 -7 -1999 which is still pending for consideration.