BHAG SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of C.W.P. No. 14650 of 2001 titled 'Bhag Singh v. State of Punjab and another' and CWP No. 14858 of 2001 titled 'Shamsher Singh v. State of Punjab and another', as they arise out of common orders. Instant writ petition under Articles 226/227 of the Constitution of India has been filed for quashing the order dated 30.09.1999 (Annexure P-3) passed by Sub Divisional Magistrate, Ludhiana, exercising the powers under the provisions of Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short 'the Act') and order dated 21.06.2000 (Annexure P-5) passed by Additional Commissioner (Appeals), Patiala Division, District Ludhiana.

(2.) Brief facts of the case are that State of Punjab filed an application under Sections 4 and 5 of the Act for eviction of the petitioners from the land fully described in the head-note of the application on the ground that land in question is the property of Punjab Government and so has been described in the revenue record. Earlier it was the property of Central Government. The said property has vested in the Punjab Government vide various notifications issued by the Central Government i.e. dated 03.06.1961 and 29.03.1963. Collector-cum-Sub-Divisional Magistrate, Ludhiana, after considering the record ordered eviction of the petitioners vide order dated 30.09.1999 (Annexure P-3). Aggrieved against the order dated 30.09.1999 petitioners preferred appeal before the Commissioner, which has been dismissed vide order dated 21.06.2000 (Annexure P-5) whereby order of the Collector has been affirmed. Hence, this writ petition.

(3.) I have heard learned counsel for the parties and perused the record.