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1991 Supreme(MP) 284

A.G.QURESHI
MOHAN SINGH – Appellant
Versus
STATE OFFICER PUBLIC PREMISES EVICTION ACT – Respondent


Advocates Appeared:
B.I.MEHTA, N.S.PUROHIT

A. G. QURESHI, J.

( 1 ) THIS order shall govern the disposal of Civil Revision Petitions Nos. 150 of 89, 151 of 89, 151 of 89, 153 of 89 and 154 of 89. All these revision petitions have been filed against the order dated 17/06/1989 passed by the second Addl. Judge to the court of District Judge, Ratlam in Civil Misc. Appeals Nos. 43 of 83, 45 of 82, 44 of 83, 44 of 82 and 46 of 83, respectively.

( 2 ) THE facts relevant for the decision of these revision petitions are that the respondent No. 1 State Officer, Public Premises Eviction Act (Divisional Engineer, W. R. Ratlam) in exercise of his powers under S. 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 issued a notice for eviction of the premises occupied by the petitioners in all the five revision petitions holding that they are occupying the premises belonging to the Railways. An objection was raised by the petitioners stating therein that the premises do not belong to the Railway. The notice was further resisted on the ground that the Railway has already filed a civil suit and, therefore, the proceedings under the Act could not be initiated. However the order was passed by the respondent No. 1 directing t











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