Decided on February 12,2014

Lalbahadur Swaminath Sahani Respondents


- (1.) THIS matter was calledout twice today. On both the occasions, none have remained present for the respondents. The matter was listed on 11th February, 2014 also, at that time also none had appeared despite it being calledout twice. The Court had adjourned the matter today. Today, as it is stated hereinabove none appeared on two calls. The matter is that of the year 2003 and this Court is of the opinion that it is now require to be disposed of in accordance with law without granting any further opportunity to the respondents, as they are absent and they are presenting through an advocate, who have chosen not to remain present before the Court despite repeated calls.
(2.) THE petitioner is a Station Commander, in charge in Management of the Ahmedabad Cantonment area, has approached this Court by way of this petition filed under Articles 226 and 227 of the Constitution of India with following prayers : (A) This Hon'ble Court would be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction staying the implementation, operation and execution of the decree and order dated 22nd April, 2002 at Exh.43, passed in the Civil Appeal No.18 of 1998 at Annexure "A" to this petition and direct the encroachers as per Annexure D to evict from the military land and hand over vacant and peaceful possession of the land to the petitioner. (B) Pending hearing and final disposal of the petition, the implementation, execution and operation of the decree and order dated 22nd April, 2002 at Exh.43, passed in the Civil Appeal No.18 of 1998 may be stayed and all the 328 encroachers as per Annexure D may be restrained from transferring, assigning or creating any encumbrances in the Suit military land. (C) An exparte adinterim relief in terms of prayer (B) above may be granted. (D) Any further and other orders that this Hon'ble Court may deem just and proper may kindly be passed. Thus, what is essentially under challenge is the order dated 22nd April, 2002 passed in Civil Appeal No.18 of 1998 in exercise of power under Section9 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the Act' for the sake of brevity). The facts in brief as could be culledout from the memo of the petition deserves to be setout as under :
(3.) THE petitioner happens to be, as it is stated hereinabove, a Station Commander, in charge of Ahmedabad Cantonment area. The Estate Officer ­ Respondent no.3 in exercise of power conferred upon him under Section ­ 5 A of the Act issued show cause notice to the respondents, which were challenged before the designated authority constituted under Section 9 of the Act and the authority i.e. Appellate Authority under Section ­ 9 passed an order dated 22 nd April, 2002 operative part whereof could be read as under : "A) Appeal is allowed. B) Notices dated 14.3.1998 are illegal and void and the respondents are hereby restrained from demolishing and removing the structures and huts of the appellants and other 118 dwellers. C) The respondents are further restrained from taking possession of the suit premises from the appellants and also further restrained from removing the structures as mentioned above without further due process of law." ;

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