The University, with maintenance and control over the premises, had the power to file an application under the Bihar Government Premises (Rent, Recovery and Eviction) Act, 1956, even though the building originally belonged to the State Government.

Heard learned counsel for the petitioner and learned counsel for the University.

2. A proceeding under the provisions of the Bihar Government Premises (Rent, Recovery and Eviction) Act, 1956, has been instituted on a petition filed by the University before the competent authority. The proceeding is still pending. The contention of learned counsel for the, petitioner is that since the premises in question is nut a Government premises within the meaning of law, the proceeding under the provisions of the Act aforesaid Cannot be entertained by the competent authority. In this connection it is stated that the petitioner is in occupation of a premises which is that of the University and not that of the Government.

3. It is not in dispute that the petitioner has retired more than a year back and he is still continuing in the premises which was alloted to him while be was in the University service. So far as the building is concerned, it is not disputed that the building belongs to the State Government, but the building is admittedly in possession of the University. A reference in this connection to section 53 (2) of the Patna University Act would be relevant. It states.

"Notwithstanding anything to the contrary contained in any law for the time being in force or in any Instrument or deed of agreement having the force of law, the buildings known as the Wheeler Senate House and the Krishna Kunj including the buildings housing the office, the library and the buildings intended for the residence of officers or teachers of the Patna University established under the Bihar State Universities (Patna, University of Bihar Bhagalpur and Kanchi) Act 1960 (Bihar Act 14 of 1960) together with all lands appurtenant thereto including fixtures, electric and sanitary fittings and water connection and apparatus appliances, equipments and books shall at the commencement of this Act be deemed to have been and are hereby transferred to the maintenance and control of the University."

4. It would thus be seen that so far as the ownership of the building is concerned it has not been transferred to the university but it is only the maintenance and control which by virtue of the section aforesaid have been transferred to the University. The building originally belonged to the State. By virtue of lection 53 (2) of the Patna University Act only the maintenance and control were transferred to the University.

5. "Government premises" has been defined under section 2 (c) of the Bihar Government premises (Rent, Recovery and Eviction) Act, 1956. It means "any premises belonging to, or taken - on lease or requisitioned by, the State Government". Thus the premises belonging to the State Governments a Government premises within the meaning of section 2 (c) of the Act. Such being the position so far, as the premise in question is concerned, we pre of the view that the competent authority has power to entertain the application under the provisions of the Act On an application filed by the University, which was maintaining and had control over the premises in question.

6. This application is accordingly dismissed but we make it clear-that any objection filed before the competent authority will have to be disposed of" in accordance with law.

Application dismissed.