BHIKAM RAM Vs. THE DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) The Petitioner is in occupation of accommodation in the U.S. Club, Simla. It appears that the Executive Engineer, Simla Division No. III, wrote to the Estate Officer, Himachal Pradesh Government, Simla, that the Petitioner was a trespasser in the said public premises and action should be taken to evict him under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958. On November 29, 1968, the Estate Officer issued a notice under the said Act to the Petitioner to show cause why an order of eviction should not be made. On March 21, 1969, the Estate Officer, issued a notice under Sec. 5(1) of the Act ordering the Petitioner to vacate the premises failing which he would be liable to eviction. The Petitioner appealed, and the appeal was dismissed on June 16, 1969, by the Appellate Officer. The Petitioner prays for relief under Article 226 of the Constitution.

(2.) A number of contentions have been raised by the Petitioner.

(3.) The first contention is that the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 is ultra vires and therefore an order of eviction under Sec. 5(1) of that Act is void. That question has already been decided against the Petitioner by a Full Bench of this Court in C. Baljees v/s. Union of India Civil Writ Petition No. 44 of 971 decided on February 17, 1973.