MURALIDHAR PATNAIK Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THIS reference has been made under Section 113, Code of Civil Procedure, by The District Judge, Cuttack for the opinion of the High Court as to whether Section 5 of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (Orissa Act 25 of 1961), hereinafter to be referred to as the Act, is constitutionally valid.

(2.) SECTION 5 of The Public Premises (Eviction of Unauthorized Occupants) Act, 1958 (Central Act 32 of 1958), hereinafter referred to as the Central Act, which came up for consideration before a Bench of this Court Hari Sahu v. Union of India, 37 C.L.T. 860, is almost similar to Section 5 of the Act. For reasons given in that case, which nee not be repeated, we bold that Section 5 of the. Act is bit by Article 14 of The Constitution and is void and unconstitutional.

(3.) WE accordingly answer the reference made by the District Judge that Section 5 of the Act is void and unenforceable in law. The records be sent back at once for disposal by the District Judge. There will be no order as to costs.