RATTAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT has been averred that the petitioners were in possession of the property which became the subject matter for seeking eviction by the Improvement Trust, Amritsar (hereinafter referred to as "the Trust"). The Trust initiated the process of evicting the petitioners and that the petitioners filed a civil suit in the civil Court at Amritsar, which was finally decreed vide judgment and decree dated September 16, 1981. The permanent injunction was granted that the petitioners be not dispossessed from the property in dispute except in due course of law.

(2.) THE Trust initiated proceedings under the Punjab Public Premises Land Eviction and Rent Recovery Act, 1978 (hereinafter referred as "the Act"). Despite service the petitioners did not appear and an ex parte order to evict the petitioners had been passed by the competent authority vide order dated July 26, 1982. The petitioners, being aggrieved of the ex parte order, filed C.W.P. No. 1540 of 1983 but the same was dismissed as withdrawn with liberty to the petitioners for filing an appeal permissible under Law. Resultantly, an appeal No. 105 of 1983 had been filed before the appellate authority i.e. Commissioner, Jalandhar Division, Jalandhar. The appeal has been dismissed vide a detailed order dated 14.11.1983, copy Annexure P-3. The orders of the Collector and that of the Commissioner, have been made the subject matter of challenge in the present petition.

(3.) LEARNED counsel for the petitioners has contended that the petitioners ought to have been heard on merit by the appellate authority and the principle of audi alteram partem should have been adhered to. It is further contended that the order of the learned Collector under the Act is illegal and is not sustainable. An order which is illegal and not sustainable need not be challenged. Thus, the question of limitation shall not arise.