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1985 Supreme(SC) 113

V.KHALID, A.P.SEN
State Of U. P. – Appellant
Versus
Surain Singh – Respondent


Advocates:
HARBANS SINGH, SHOBHA DIXIT

Judgment

JUDGMENT :- The question involved in this appeal by certificate seems to be covered by the decision of this Court in Maganlal Chhagganlal (P) Ltd. v. Municipal Corpn. of Greater Bombay, (1975) 1 SCR 1 which impliedly overrules the Full Bench decision of the Allahabad High Court in Raja Ram Verma v. State of U.P. AIR 1968 All 369 taking a view to the contrary. In the Maganlal Chhagganlals case, the question was as to the validity under Art. 14 of the Bombay Municipal Corporation Act, 1888 and the Bombay Government Premises (Eviction) Act, 1955 which conferred on the authorities the power to initiate eviction proceedings against unauthorized, occupants of Corporation and Government premises. The majority speaking through Alagiriswami, J. disapproved the majority view in Northern India Caterers Private Ltd., v. State of Punjab, (1967) 3 SCR 399 and held that the statutes lay down the purpose behind them, that is, that premises belonging to the Corporation and the Government should be subjected to speedy procedure in the matter of evicting unauthorized persons occupying them. This is regarded as sufficient guidance for the authorities to take action and an indication for the


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