(1.) BY this petition under Article 226/227 of the Constitution of India, the petitioner has challenged Annexure -G passed by the Collector, Jabalpur in case No. 172 of 1987, vide order dated 12.1.1987, whereby the Collector has directed the petitioner to hand over the possession of land and the dwelling house to respondent No. 1.
(2.) PETITIONER 's case in brief is that he is the owner of the house and the land of which the respondent No. 1 was the tenant. The petitioner initiated eviction proceedings under section 23 -A of the M.P. Accommodation Control Act, 1961 (for short the' Act') before the Rent Controlling Authority, wherein, an order of eviction was passed, vide order dated 22.11.1984, Annexure -B. Thereafter, the respondent No.1 filed a Civil suit, but that was dismissed. The respondent No. 1 made a complaint to the Collector, Jabalpur that he was granted a Patta under Jhugi Jhopari Act, 1984, i.e. M.P. Nagariya Kshetron Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Praden Kiya Jana) Adhiniyam, 1984, but the possession was not restored to him, therefore, the respondent No.1 approached under section 4 of the said Adhiniyam before the Collector, Jabalpur. The petitioner raised objections that no Patta was granted to the respondent, petitioner is the owner of the house and the respondent No.1 was his tenant. After the decree and order of eviction passed by the Rent Controlling Authority, under section 23 -A of the Act, the petitioner was put in possession, in execution of the decree, but, on that, the Collector · did not record any finding. The Collector passed a non -speaking order, merely stating, 'arguments heard, applicant is a Pattadhari, therefore, the possession be delivered to him within 7 days. On disobedience of the order Police action shall be taken', hence, this petition.
(3.) ACCORDINGLY the petition is allowed in the manner aforesaid with no order as to costs. Security amount, if any, be refunded to the petitioner.