UJAGAR SINGH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India praying for issuance of a writ of certiorari for quashing the order dated 20.08.1985 (Annexure P-1) whereby the petitioner, Ujagar Singh was ordered to be evicted from 79 bighas 10 biswas of land situated in village Mullanpur Garib Dass, Tehsil Kharar, District Rupnagar as he was in un-authorized possession of the land. The appeal filed by him was dismissed in default on 09.02.1987 (Annexure P-4) and the application for restoration was also dismissed by the Commissioner, Patiala Division on 02.09.1987 (Annexure P-6). The said orders are also subject matter of challenge in the present writ petition.

(2.) A perusal of the record of the case would show that the eviction application was filed by the Tehsildar, Kharar seeking eviction of Ujagar Singh-petitioner from the land measuring 79 bighas 10 biswas on the ground that he was in un-authorized possession.

(3.) The defence taken by the petitioner was that he had deposited eight times the rent for the year 1982-83 and he had questioned the ownership of the State Government that the property was owned by the Capital Project, Chandigarh. The proceedings were without jurisdiction and the Tehsildar, Kharar was not authorized by any competent authority. The Collector, Kharar came to the conclusion that the land belongs to the Punjab Government as per the Jamabandi and the respondent was in cultivating possession of the land un-authorizedly, as per the khasra girdawari and that merely by depositing the rent at eight times of the value would not entitle the occupant to retain his possession and accordingly, the eviction order was passed under the Punjab Public Premises and Land (Eviction & Rent Recovery) Act, 1973 and all persons in occupation were directed to vacate the premises vide order dated 20.08.1985 (Annexure P-1). The appeal filed by Ujagar Singh was admitted for hearing by the Commissioner, Patiala Division vide order dated 30.12.1985 and the dispossession of the petitioner from the land in dispute was stayed. The said appeal was dismissed on 09.02.1987 (Annexure P-4) on the ground that no one had put in appearance on behalf of the appellant despite the case being called repeatedly during the day and the Assistant District Attorney, Patiala was present. Thereafter, an application dated 06.08.1987 (Annexure P-5) under Section 5 of the Limitation Act, 1908, for condonation of delay, if any and for setting aside the ex parte order dated 09.02.1987 was filed wherein, it was alleged that wrong date had been given by the Reader of the Court of the Commissioner, Patiala. The said application was dismissed by the Commissioner, Patiala Division on 02.09.1987 on the ground that unfounded allegations were made against the Reader of the Court and the appellant had failed to explain his absence on 09.02.1987 and failure to apply for the restoration of the case till 06.08.1987 was not explained.