RAVINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Petitioners have approached this Court by way of the present writ petition under Articles 226 and 227 of the Constitution of India, inter-alia, praying for the issuance of appropriate writ and/or direction for quashing the order dated 27.7.1989 (Annexure-PA) passed by the Sub Divisional Officer (Civil), Hamirpur, exercising the powers of Collector under the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971, (for short: the Act) and the order dated 23.4.1992 (Annexure-PB) passed in appeal by the Commissioner under Section 9 of the Act.

(2.) Briefly, the facts leading to the present petition are these. Proceedings under the Act were initiated against Petitioners No. 2 to 5 for their eviction before the Collector. Petitioners were alleged to be in unauthorised occupation of different portions of the building located in the land measuring 1 kanal 7 marlas comprising of khasra No. 1308 in Sujanpur, District Hamirpur. Admittedly, the building was earlier being used as a "SARAI" and subsequently converted into a "BAL ASHARAM". As per the complaint, Petitioners No. 2 to 5, were alleged to be in possession of different portions of the building as under:

(3.) Pratap Singh One room and two verandahs.