BHUPINDER SINGH Vs. PANCHAYAT SAMITI BATALA AND ORS.

JUDGEMENT

(1.) THIS letters patent appeal impugns the order dated 02.06.2015 whereby the learned Single Judge set -aside the order dated 20.08.2010 passed by Deputy Commissioner, Gurdaspur, exercising the powers of Commissioner under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973. Learned Single Judge has further directed the Deputy Commissioner, Gurdaspur to get the premises vacated forthwith and submit a report within one month. Cost of Rs. 5.0 lacs has also been imposed on the appellant, with a further direction to initiate disciplinary and criminal proceedings against the delinquent officials and individuals who apparently connived with the appellant detrimental to the interest of the Panchayat Samiti. The facts may be noticed briefly.

(2.) THE Panchayats Samiti, Batala, let out the plot in question to appellant on payment of Rs. 50/ - per month, on 16.04.1977. The appellant defaulted in payment from the very next month, i.e., 16.05.1977 and was declared unauthorized occupant. An application for his eviction and recovery of damages was filed under the Punjab Public Premises and Land (Eviction & Rent Recovery) Act, 1973 (hereinafter referred to as 'the Act'). The Collector accepted the plea of Panchayat Samiti vide order dated 04.02.1994 and directed the appellant's eviction besides imposing the damages of Rs. 1,80,000/ -.

(3.) NO sooner the eviction order dated 04.02.1994 was passed, the appellant moved an application to set -aside the ex parte proceedings. His application was dismissed in default. Meanwhile, he availed parallel remedy and filed an appeal against the order dated 04.02.1994 and got interim stay against eviction. During the pendency of appeal, the appellant's application to set -aside the ex -parte order dated 04.02.1994 was allowed on 21.04.1994. He then withdrew the appeal on 26.07.1995.