RAVINDER KUMAR Vs. DEPUTY COMMISSIONER, MUKTSAR

JUDGEMENT

(1.) The effort of the Municipal Council, Muktsar, to evict the petitioners under Sections 4, 5 and 7 of the Punjab Public Premises and Land (Eviction & Rent Recovery) Act, 1973, (in short 'the Act') from the disputed shop in their possession, failed in the first round of litigation ending before this Court. The brief facts of the first round of litigation are that the Municipal Council, Muktsar sought eviction of petitioner No. 2 under the Act by preferring an application for eviction dated 03.02.1986 under the provisions of the Act. The application was allowed ex parte by the Collector, Ferozepur, vide order dated 23.04.1986. Aggrieved against the said ex parte order, petitioner No. 2 filled an appeal before the Commissioner, Ferozepur Division, Ferozepur. The learned Commissioner vide his order dated 14.12.1987 held in favour of the petitioners, the operative part of which reads as follows:-

(2.) The appeal was accepted and the matter was remitted to the Deputy Commissioner, Faridkot, to re-examine the matter as to what action is required to be initiated against the appellant-Krishan Kumar.

(3.) Aggrieved by the order of the Commissioner, Ferozepur Division, Ferozepur, the Municipal Committee, Muktsar, presently Municipal Council, preferred CWP No. 10230 of 1988 before this Court, which was dismissed on 16.11.1988 by holding that the impugned order was a remand order and that being so, no reason was found to justify interference at the stage of passing of the order. The order was passed by the Division Bench of this Court. Aggrieved by the order passed by the Division Bench, a review application was filed by the Municipal Committee, Muktsar, praying for review of the order dated 16.11.1988 and admission of the petition. In the review application the following order was passed by the Division Bench:-