The main legal point established is that under Section 5 of the Act, the Estate Officer's order of eviction is final, and the unauthorised occupant must vacate the premises within the specified time, unless the appellate authority grants time for vacating.

( 1 ) IN this application, the petitioner has sought for a direction to respondent No. 2-Corporation bank to remove its locks put on the doors of the schedule premises forthwith and to return the petitioner's locks. The schedule premises in question is a non-residential premises bearing Door no. 4-92-1 situated within Madikeri Town limits at College Road, Madiker.

( 2 ) THE schedule premises was leased to the petitioner for non-residential purpose. It is a public premises falling within the ambit of the Public Premises (Eviction of Unauthorised Occupants) act, 1971 (Central Act No. 40 of 1971) as amended by Act No. 61/80 and 35 of 1984 (for short, the 'act' ). The Estate Officer in exercise of his power under the provisions of the Act, has passed an order on 12-11-1983 directing eviction of the petitioner from the schedule premises. It is not in dispute that the said order was also published in accordance with the provisions contained in sub-section (2) of Section 5 of the Act.

( 3 ) BEING aggrieved by the aforesaid order, the petitioner preferred an appeal before the District judge, Madikeri, who, by the order dated 6-7-1985, has dismissed the appeal and affirmed the order of eviction passed by the Estate Officer.

( 4 ) AFTER the appeal was dismissed, the person authorised by the Estate Officer has evicted the petitioner from the schedule premises and has put the locks on the doors of the schedule premises on 31-7-1985.

( 5 ) THE contention of Sri H. G. Hande, Learned Counsel for the petitioner, is that after the appeal was dismissed, fresh notice was required to be served upon the petitioner or the order of the district Judge dismissing the appeal ought to have been published as per Sub-section (2) of section 5 of the Act, fixing a date for vacating the premises.

( 6 ) ON the contrary, it is contended on behalf of the respondents that if the order is passed by the estate Officer holding that the occupant is an unauthorised occupant and is liable to be evicted ; the Estate Officer is required to specify the date for vacating the public premises in the order of eviction, and in case no such date is fixed, the order of eviction is required to be published and the unauthorised occupant is required to vacate within 15 days from the date of publication of the order of eviction, whichever is later; that after the dismissal of the appeal neither the order dismissing the appeal is required to be published nor any notice is required to be given.

( 7 ) IT appears to me that it is not possible to accept the contention of Sri Hande, Learned Counsel for the petitioner. Section 5 of the Act, is as follows :

"5 (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 4 and any evidence produced by him in support of the same and after personal hearing, if any, given under Clause (b) of Sub-section (2) of Section 4; the estate officer is satisfied that the public premises are in unauthorised occupation the estate officer may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises.

(2) If any person refused or fails to comply with the order of eviction on or before the date specified in the said order or within 10 days of the date of its publication under Subsection (1), whichever is later, the estate officer or any other officer duly authorised by the estate officer in this behalf may after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary. "

Apart from Section. 5 of the Act, there is no other provision in the Act, for evict