( 1 ) IN this petition under Articles 226 and 227 of the Constitution of India, the tenant impugns the validity of the order dated 14-8-2003 (Annexure p-8) made under Section 7 of the Gangtok rent Control and Eviction Act, 1956 (in brief the Eviction Act) by which the State Government has been directed to take over the disputed business premises and give the respondent No. 3 the opportunity to let out the same again. The petitioner also challenges the constitutional validity of Section 7 of the Eviction Act.

( 2 ) THE respondent No. 3 filed an application dated 4-6-2002 (Annexure P-l) before the Superintendent Engineer, Buildings and Housing Department (East Division), gangtok (hereinafter referred to as the Prescribed Authority) requesting to take action under Section 7 of the Eviction Act on the allegation that she as the absolute owner let out to the petitioner the shop premises on the ground floor of a six-storied R. C. C. building named 'thondupling' otherwise known as L. I. C. building located at M. G. Marg, Gangtok but he had kept it closed for about"8 months. The Prescribed Authority issued notice No. 4/31/b/02-03/217/ bldgs. dated 3-7-2002 (Annexure P-2)