RAM PARTAP Vs. COMMISSIONER FEROZEPUR DIVISION

JUDGEMENT

(1.) The order dated 18.1.1977 passed by the Commissioner, Ferozepore Division, on an appeal at the instance of the Municipal Committee through its Executive Officer against the order of the Collector, Bhatinda, dated 22.7.1975, is being assailed in this writ petition, on the ground that since the order of the Collector was under Section 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, so no appeal was competent and accordingly he had no jurisdiction to pass the impugned order.

(2.) Appeal under Section 9 of the Act is competent only against an order passed under Sections 5 or 7 of the said Act. Mr. Ashok Bhan appearing for respondent No. 3 concedes the above position. Mr. Ashok Bhan has, however, contended that the learned Collector illegally discharged the notice which was issued by him on the information of unauthorised occupation supplied by the respondent Municipal Committee.

(3.) A perusal of Section 4 of the Act leaves no manner of doubt that the notice in question is issued by the Collector and not by the Municipal Committee. The Collector can discharge the said notice only if he was satisfied that the occupation in question was not the unauthorised one. He could not discharge the said notice on the ground that the Municipal Committee or its representative absented on the date he had taken up the matter for consideration. The Collector's order dated 22.7.1975, is therefore, quashed and he is directed to proceed with the case in accordance with law.