ISHWARLAL VYAS Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THIS is a petition under Articles 226/227 of the Constitution of India challenging the order dated 7-5-1987, and even earlier orders passed by the respondent No. 1, District and Sessions Judge, Indore, asking the petitioner to vacate the Gumti, premises previously allotted to the petitioner's father, an erstwhile Notary, late Shri Bhanwarial Vyas. The petitioner has also prayed that the premises, which are now in occupation of respondent No. 2, G. N. Vyas, Advocate/notary be allotted to the petitioner and the possession status quo ante be restored. "

(2.) IT is not in dispute that the petitioner's father, (late) Shri Bhanwarlal Vyas was allotted a licence for land measuring 8' X10' in the District Court compound at Indore, vide allotment order dated 5-1-1979, passed by then District Judge. It was further stated in the allotment order that the allottee could construct a hutment for gumti temporarily for the use at a rate fixed by the P. W. D. , which shall be regularly paid by the allottee. It was also stated that the extension work in the Court premises is in progress, and if required, those premises, which have been given "temporarily" and "till further orders," will be required to be vacated. Towards the north and south of those premises are gumtis in occupation of Shri B. L. Sisodia and Shri Fatehchand, respectively the Notary and the Stamp Vendor. On the western side, there is Court compound wall about 9 feet high. Shri B. L. Vyas was an Advocate and also a Notary, to whom the land was allotted. He died on 20-7-1986 at Indore.

(3.) ACCORDING to the petitioner, after the demise of his father, he came into possession of the said Gumti and occupied the same in accordance with the wishes of his father; that the said open land was a lease given by the M. P. State P. W. D. , Indore on allotment being made by respondent No. 1 (District Judge Indore) and is, therefore, public premises as defined in the M. P. Lok Parisar (Bedakhali) Adhiniyam, 1974 and he can be evicted only in accordance with the provisions of the said Act and the rules framed thereunder and not otherwise; that the petitioner obtained the Stamp Vendor's Licence from the Collector of Stamps, Indore District to sell the stamps within the District Court Compound; that the petitioner applied for permission from the respondent District Judge on 17-12-1986 (Annexure P-4) but the same was rejected by order dated 20-1-1987 (Annexure P-5 ). Still another application dated 2-2-1987 made by the petitioner was rejected on 3-4-1987 vide order Annexure P-6 and it was further stated therein that the District Judge, after the death of Shri Bhanwarlal Vyas, has not granted any permission and the petitioner's occupation is unauthorised; and the petitioner was asked to remove the structure by 7-4-1987 else at his own risk; it would be removed by the office; that there is yet another memo dated 7-5-1987 addressed to the Nazir directing him that if the said Gumti is not removed, then action be taken for removing it by 8-5-1987; that the petitioner filed an application dated 7-5-1987 (Annexure P-8) asking to stop action for removal of the Gumti dated 25-6-1987 and a similar request was made vide Ex. P-8a dated 22-5-1987; that the respondent, vide memo Ex. P-9 dated 11-5-1987, rejected the application.