JUDGMENT :

G.K. Misra, C.J. - This reference has been made u/s 113, Code of Civil Procedure, by The District Judge, Cuttack for the opinion of the High Court as to whether Section 5 of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (Orissa Act 25 of 1961), hereinafter to be referred to as the Act, is constitutionally valid.

Section 5 of the Act runs thus:

5. (1) If, after considering the cause, if any, shown by any person in pursuance of a notice u/s 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Estate Officer is satisfied that the public premises are in unauthorized occupation, the Estate Officer may, on a date to be fixed for the purpose, make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated 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 refuses or fails to comply with the order of eviction within forty five days of the date of its publication under Sub-section (1), t