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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Billu Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. overview of appeal against eviction order. (Para 1) |
| 2. arguments about notice requirement under the act. (Para 2) |
| 3. claims over possession and legal actions. (Para 3) |
| 4. court's opinion on eviction validity. (Para 4) |
JUDGMENT
G.S. Sandhawalia, J. (Oral) - Present appeal is directed against the order of the learned Single Judge passed in CWP No.18885 of 2022 decided on 26.08.2022 whereby ejectment orders passed regarding 41 kanals 6 marlas had been upheld.
2. The argument that notice should have been issued to him before filing of the eviction petition was repelled on account of fact Section 4 of the Punjab Public Premises and Land (Eviction & Rent Recovery) Act, 1973 (hereinafter referred to as 'Act') did not prescribe notice prior to the filing of the eviction petition. Similarly, it was noticed that the appellant has been recorded as 'gair marusi' as per entry in the revenue record and therefore, it did not give the right to as such to the writ petitioner of lawful possession. Perusal of the paper book would show that initially the appellant had himself filed civil suit for permanent injunction to the effect that he was owner in possession since long time on the
The jurisdiction of the Estate Officer under Section 4 of the Public Premises Act does not require the provision of reasons, and the pendency of a civil suit does not affect the authority's jurisdict....
An eviction notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 must be supported by reasons and after giving show-cause notice under Section 7 of the Act and after giving an opp....
Unauthorized occupation of public premises does not confer legal rights; eviction proceedings must adhere to statutory requirements, and alleged violations of natural justice must be substantiated.
An eviction notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, must be supported by reasons and preceded by a show-cause notice under Section 7, with an opportunity of hearing ....
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