STATE BANK OF INDIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

(2.) Petitioner herein is the State Bank of India. Pleadings on record would indicate that an order dtd. 15/12/2020 came to be passed by the SDM-cum-Collector, Abohar pursuant to an application moved by Municipal Corporation, Abohar directing eviction of the bank from the premises situated at Street No.4, Abohar under the provisions of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the '1973 Act'). Against the order of eviction the petitioner-bank preferred an appeal in January, 2021 under Sec. 9 of the 1973 Act accompanied with an application seeking stay.

(3.) Instant writ petition has been preferred by the petitioner-bank raising a grievance that the Appellate Authority i.e. Deputy Commissioner, Fazilka has not taken up the appeal as also the application for stay and on the other hand Municipal Corporation, Abohar has proceeded further and has sealed the premises. It has been pleaded on behalf of the bank that by virtue of such peculiar circumstances the statutory remedy availed of by the bank under Sec. 9 of the 1973 Act has been reduced to a mere eyewash/frivolity.