JUDGMENT

FAZAL ALI, J. :—This appeal by certificate is directed against a judgment to the Gujarat High Court dated 31-1-1970, issuing a writ of mandamus of the Rajkot Municipality directing it to desist from enforcing a notice dated 9-3-1966, served on respondent No. 1 and requiring him in pursuance of the provisions of Section 233 (1) of the Gujarat Municipality Act (hereinafter referred to as the Gujarat Act) to hand over possession of a piece of land to the Municipality on the ground that he was in unauthorised occupation thereof. The only point in controversy before the High Court was as to whether or not Section 233 of the Gujarat Act, under which the proceedings for eviction of the respondent No. 1 were taken, was constitutionally valid. The High Court in view of a previous decision of that Court held that Section 233 being violative of Article 14 of the Constitution of India was ultra vires. The appellants applied for certificate for leave to appeal under Article 133 (1) (c) which was granted, hence this appeal.

2. Section 233 of the Gujarat Act runs thus :-

"233. Power to evict certain persons from municipal premises - (1) If the Chief Officer is satisfied :-

(a) that the per