RAKESH KUMAR JASWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have sought a writ in the nature of certiorari for quashing the order dated 28.2.2011 and 13.9.2011, Annexures P -10 and P -11 respectively, whereby their eviction from the demised premises has been ordered.

(2.) MUNICIPAL Corporation, Amritsar instituted proceedings under the Punjab Public Premises (Eviction and Rent Recovery) Act, 1973 against the petitioners for being in unauthorized possession of the shops in question. They pleaded that the premises were allotted to them by the Corporation on lease basis. Thereafter, they had been regularly paying rent as would be evident from receipts in that respect. Corporation, refuted the stand. According to it, petitioners had unauthorizedly occupied certain spaces in historical monuments. Government (Department of Tourism) had taken decision vide letter No. TM/TA/09/3866 dated 14.7.2009 that unauthorized occupants of historical gates at Amritsar would be evicted at the earliest. Authorities under the Public Premises Act considered rival contentions and directed eviction of the petitioners. The petitioners have assailed the orders on the ground that they were never declared unauthorized occupants, thus, proceedings under the Act were not maintainable against them. Stand of the Corporation is that petitioners are unauthorized occupants of the historical monuments. If certain receipts were issued for use/occupation thereof, petitioners cannot be treated as lessees in the premises.