LAWS(P&H)-1992-10-103

INDERJIT SINGH Vs. STATE OF PUNJAB

Decided On October 21, 1992
INDERJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner has assailed the appellate order dated January 8, 1980 passed by the Commissioner, Patiala Division, Patiala in M.A. No. 120 of 1978-79, in this petition under Articles 226/227 of the Constitution of India.

(2.) It is not necessary to state the facts in detail. The finding of fact recorded by the Commissioner, Patiala Division, Patiala in his order to the effect that the petitioner is in unauthorised occupation of land measuring 760 sq. yard adjacent of Plot No. 215-R, Model Town, Ludhiana, which land is the property of the Rehabilitation Department, has not been assailed. The petitioner is owner of plot No. 215-R situated in Model Town, Ludhiana, which was allotted to him. Adjoining this plot is vacant land measuring 760 sq. yards. Tehsildar (Sales) on behalf of the Secretary to Government, Punjab, Rehabilitation Department, moved an application dated June 1, 1976 to Collector Sub-Divisional Officer (Civil), Ludhiana for eviction of the petitioner under the provisions of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short, the Act). The Collector, on examining the evidence produced before him and also taking into consideration the earlier judgment rendered by civil Court in case No. 26 of 27.2.74 (Gurdit Singh v. The State of Punjab & others) decided on December 12, 1974, came to the conclusion that the petitioner was in unauthorised and unlawful possession of the disputed land. On appeal by the petitioner, the learned Commissioner upheld the finding of the Collector.

(3.) The learned counsel for the petitioner submitted that the disputed premises cannot fall within the ambit of 'public premises' as defined in Section 2(e) of the Act. Section 2(e) reads thus :