TARA SINGH Vs. ADDITIONAL DISTRICT JUDGEFEROZEPUR

JUDGEMENT

(1.) Air Commodore A. S. Lamba, Vir Chakra, Estate Officer, Air Force Station, Halwara, ordered the eviction of petitioner Tara Singh son of Shri Kehar Singh, vide order dated 7-2-1983, from the land measuring 10 Acres 2 Kanals, Plot No. 17, Khasra No. 70 Min at Ferozepur Airfield belonging to the Government of India as he was found in unauthorized and illegal occupation thereof. The appeal against that order filed by the petitioner under Section 9 Public Premises (Eviction of Unauthorised Occupants) Act, 1971,was dismissed as being barred by limitation by Shri J. C. Aggarwal, Additional District Judge (Appellate Officer), Ferozepur vide order date 10-9-1983. The petitioner has impugned both these orders.

(2.) The order of the Estate Officer has been impugned on the ground that the same had been passed ex parte without giving the petitioner an opportunity of hearing. The appellate order has been challenged on two grounds:. (i) that the Additional District Judge was not competent to deal with the appeal, because only that judicial officer, other than the District Judge, who has standing of ten years, could try the appeal and since Mr. Aggarwal had only two years standing, so. obviously in terms of Section 9(1) he was not competent to deal with the appellant and (ii) that the appeal had been wrongly dismissed on the ground that the same was barred by limitation, because in fact, it was not so barred by limitation.

(3.) In our opinion, there is no merit in this petition. Perusal of the order of the Estate Officer would show that a notice under Section 4(1), Public Premises Act dated 29-11-1981 Exhibit E. 2 was served on Tara Singh petitioner to appear on 10-12-82 in the Court of the Estate Officer. When he did not appear on that date he was again summoned vide letter dt. 18-12-1982, Exhibit E-4 to appear on any date on or before 30-12-1962. He failed to appear on 30-12-1982 in the Court of the Estate Officer. He was given another chance to appear in the Court of the Estate Officer on any date between 10-1-1983 to 14-1-1983 vide Exhibit P. 6. The petitioner still did not appear in this Court.