SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INSTANT writ petition has been filed underArt.s 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 25.08.2010 (Annexure P/6) passed by respondent no. 3 whereby petitioner has been ordered to be evicted from the land in dispute under the provisions of Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the "Act"), as well as, order dated 29.02.2012 (Annexure P/8) passed by respondent no. 2 whereby appeal preferred by the father of the petitioner has been dismissed.

(2.) BRIEF facts of the case are that respondent no.4 - Municipal Council, Bhador through its Executive Officer filed an application under Sections 4 and 7(3) of the Act for the purpose of evicting the petitioner herein and getting the damages for use and occupation of the land before the Collector. It was pleaded in the application that Municipal Council was the owner of the property and this fact has also been mentioned in the judgment and decree dated 09.04.1981 and it has been held that the petitioner is not owner of the property. It was averred that the petitioner is in illegal possession. After considering the evidence on record, the Collector ordered the eviction of the petitioner along with damages to the tune of Rs. 18,000/ - along with annual interest @ 18% vide order dated 25.08.2010 (Annexure P/6). Against that, two separate appeals were filed, one by Karnail Singh and the second by Karnail Singh and Jarnail Singh (father of the petitioner) which have been dismissed by the Deputy Commissioner, Barnala vide order dated 29.02.2010 (Annexure P/8). Hence, this writ petition.

(3.) LEARNED counsel for the petitioner contended that Municipal Council is not owner of the property in dispute. The petitioner is in possession of the land in question for many years. Learned counsel further contended that under the provisions of the Act, application filed by Municipal Council is not maintainable.