SARMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Collector, Patiala, issued a notice to Sarmukh Singh petitioner under Section 4 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 (hereinafter called the Act), calling upon him to show cause as to why an order of ejectment against him from a bigha of land bearing Khasra No. 696/543, Revenue Estate, Badangarh, District Patiala, and house No. 1582/5, situated therein, be not passed. The petitioner, in response to the notice, raised preliminary objections and the Collector framed the following two issues :-

(2.) The petitioner has challenged the notice under Section 4 of the Act as also the orders passed by the Collector and the Commissioner. He has averred that the property in dispute belonged to one Chand Kaur who built the house in Khasra No. 696/543 in 1904 and after her death he inherited and occupied it in 1947. The land as also the house does not belong to the Government and is not covered by the term "public premises" given in sub-clause (e) of Section 2 of the Act. It being the case, the authorities under the Act have no jurisdiction to pass any order against him. He has consequently prayed that the notice under Section 4 of the Act as also the orders passed by the Collector and the Commissioner be quashed, being ultra vires.

(3.) The writ has been resisted by the respondents. The case of the respondents is that the land and the house is Government property and is covered by the definition of "public premises" as given in the Act. The petitioner is also an unauthorised occupant. The authorities under the Act have jurisdiction to pass appropriate orders.