Public Premises - Eviction - Exparte order - Setting aside of - Not maintainable as various opportunities were given.

S.S.Nijjar, J.

1. We have heard the learned Counsel for the petitioner at length and perused the paper-book.

2. The petitioner joined the services of the respondents on part-time basis in the year 1998. He was allotted a house on 3.7.1998. His services were terminated vide orders dated 3.7.2002.

3. The petitioner has challenged the order of termination before the Labour Court and the matter is subjudice. By order dated 1.8.2002, the allotment made in his favour was also cancelled. When the petitioner did not vacate the premises, proceedings were initiated against him under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973. By order dated 16.11.2004 (Annexure P-2), the Collector, Sub Division, Bhatinda directed the petitioner to be evicted from the house and to pay a sum of Rs. 4,132/- per month as rent for the unauthorized occupation of the premises. The petitioner did not file any appeal against the aforesaid order. The respondents again moved the Collector for taking possession of the house which is under the unauthorized occupation of the petitioner. This application was also allowed by order dated 11.4.2005 (Annexure P-3) and warrants of possession were issued for taking possession of the premises. Against this order, the petitioner filed appeal before the Commissioner claiming that order dated 16.11.2004 had been passed ex-parte. The appeal was dismissed. The respondents thereafter filed execution application before the prescribed authority for taking possession pursuant to the orders dated 16.11.2004 and 11.4.2005. In these proceedings, recovery certificate has been issued against the petitioner in a sum of Rs. 1,39,300/- to be recovered as arrears of land revenue.

4. Learned Counsel for the petitioner submits that no notice had been issued to the petitioner under Section 7(3) of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973. The amount of arrears of land revenue have not been correctly determined. The order dated 11.4.2005 had been passed ex-parte, and therefore, entire proceedings are liable to be quashed. In support of his submissions, learned Counsel relies on the judgment rendered by the Supreme Court in the case of New Delhi Municipal Committee v. Kalu Ram and Anr. 1976 P.L.J. 351 and the judgments rendered by Single Bench of this Court in the cases of Sarjiwan Tiwari and Ors. v. Punjab State Electricity Board and Anr. (1998-1)118 P.L.R. 630 and Gajjan Singh v. State of Punjab 1998(1) P.L.J. 44.

5. We are unable to accept the submissions made by the learned Counsel. A perusal of the order (Annexure P-2) passed by the Collector clearly shows that the petitioner had put in appearance in the Court through his counsel, Shri Bhupinder Singh Pitho, but later on he absented. The respondents led evidence in support of their case. On the other hand, the petitioner did not lead any evidence. The Collector, therefore, determined that the petitioner is liable to pay a sum of Rs. 4,132/- per month w.e.f. 2.8.2002 as damages for unauthorized occupation of the premises. The petitioner did not care to challenge the aforesaid findings by filing an appeal. The respondents again moved the Court of Collector seeking possession of the house which was under the unauthorized possession of the petitioner. This application was also allowed, after considering all the objections raised by the petitioner. The appeal filed by the petitioner before the Deputy Commissioner was also decided on merits. It is noticed that the petitioner had mainly argued that he had wrongly been proceeded ex-parte on 29.7.2004. He had filed an application for setting aside the ex-parte proceedings on 9.8.2004 which was allowed. He then claimed that he was not informed of the decision either by his lawyer or by the lower court. The appellate court has held that the petitioner has not made clear as to when he was proceeded ex-parte again and when he had filed the application. He had only filed application