INDU GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Article 226/227 of the Constitution of India, the petitioner challenges the orders dated 11-5-1984, passed by the Sub-Divisional Officer in case No. 194-B/121/82-83 directing eviction of the petitioner under the provisions of M. P. Lok Parisar (Bedakhali) Adhiniyam, 1974 and the appellate order passed by Commissioner, Raipur Division, Raipur in appeal case No. 109-B/121/83-84, dated 20-5-1985.

(2.) THE brief facts leading to the petition are that the respondent No. 2 Sub-Divisional Officer after receipt of a letter from the Collector, Rajnandgaon registered the proceedings under the provisions of M. P. Lok Parisar (Bedakhali) Adhiniyam, 1974 (Act hereinafter) on the premises that the property belonged to the State Government and as the same was required for the activities of the school, the occupant (since deceased, represented by the legal representative is liable to be evicted. Apart from various objections, the occupant had submitted before the S. D. O. that it had no jurisdiction to act as a competent authority and should not pass an order for eviction. The objection was overruled by the competent authority holding that as the matter has been referred to him by the Collector and as under the distribution memo he was allotted the work under the Act, he was entitled to exercise the powers. The objections did not find any favour in the appeal even.

(3.) SHRI Seth, learned counsel for the petitioner submits that for appointment of a competent authority the State must issue a notification in the official gazette and appoint such person being an officer not below the rank of Assistant Collector or Deputy Collector as competent authority for the purposes of the Act and define the local limits within which or the categories of public premises in respect of which the competent authority shall exercise the powers conferred, and perform the duties imposed on competent authority by or under the Act.