ATAULLAH KHAN Vs. STATE

JUDGEMENT

(1.) This order shall govern disposal of M. P. No. 2422/87 (Ramesh Kumar Sahu v. State of M. P.), No. 2423/87 (Karodimal v. The State of M. P.) and No. 2467/87 (Yogendra Kumar Sharma v. State of M. P.) also.

(2.) Orders under Sub-S. (1) of S.5 of the M.P. Lok Parisar (Bedakhali), Adhiniyam, 1974, (hereinafter referred to as 'the Adhiniyam') have been passed against the petitioners of these four writ petitions by the competent authority. Sections 4 and 5 of the Adhiniyam were substituted by S.4 of the Amendment Act No. 18 of 1981, whereas S.9 of the Adhiniyam was substituted by S.7 of the Amendment Act 18 of 1981.

(3.) The first prayer contained in these writ petition is for declaration of Ss.4 and 5 of Amendment Act No. 18 of 1981 as ultra vires. Subsequently an application for amendment was made whereby the further prayer was made for declaring S.7 of the Amendment Act No. 18 of 1981 as ultra vires. The other prayer contained in the writ petitions is for quashing of the order of eviction passed against the petitioners under S.5(1) of the Adhiniyam.