GAJJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this writ petition under Article 226/227 of the Constitution of India, the prayer of the petitioner is for quashing the orders Annexures P. 3 and P. 5 and for declaring the proceedings Under Section 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 as being barred by time.

(2.) THE facts giving rise to the filing of the present writ petition are that the respondent-State filed an application Under Section 1 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the 'act'), against the petitioner for the recovery of Rs. 9190. 00 on the allegation of unauthorised use and occupation of the agricultural land comprised in Khasra No. 256 (6-5), 260 (6-5), 269 (6-5) and 270 (3-3), situated in the revenue estate of village Balaspur, Tehsil and District Patiala. A notice (Ann. P. 1) Under Section 7 of the Act was issued to the petitioner in the year 1984 requiring him to pay the damages from the year 1969 to 1975. In reply thereof, the petitioner pleaded that the claim of the respondent-State was barred by time and further in para 3 of the written reply, the claim was categorically denied. Para 3 of the written reply submitted by the petitioner reads as under :

(3.) AFTER hearing the learned counsel for the parties at length, I am of the view that there is no scope for interference by this Court in the impugned orders in writ jurisiction, for the reasons to be recorded hereinafter.