RAM PARSHAD Vs. PUNJAB STATE FOREST DEPARTMENT

JUDGEMENT

(1.) THE present petition under Articles 276 and 227 of the Constitution of India has been filed by the petitioner Ram Parshad. The prayer made in the petition is for the issuance of a writ in the nature of certiorari for quashing the Order dated February 12, 2001 passed by the Collector, Phillaur and the Order dated April 30, 2002 passed by the Commissioner under the provisions of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act. Copies of the aforesaid Orders have been appended as Annexure P-2 and P-5 respectively with the present petition.

(2.) CERTAIN facts be noticed :-

(3.) THE learned Sub-Division Magistrate (exercising the powers of Collector) vide Order dated February 12, 2001 found that the petitioner was an un- authorised occupant of the building in question. It was also held that neither the petitioner was the employee of the department nor he had any other connection with the department. Even otherwise a person employed on daily wage basis had no right to occupy any government accommodation and, as such, after holding that the petitioner was an un-authorised occupant of the building in dispute, ordered his eviction. A copy of the Order dated February 12, 2001 is appended as Annexure P-2 with the present petition.