- (1.)Leave granted.
(2.)The proceedings for eviction were initiated against Hans Raj - predecessor of respondents 1-4 under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as 'the Act') , who was admittedly occupying a public premises. The predecessor of respondents having found to be an unauthorised occupant, an order of eviction was passed by the estate officer. Aggrieved, the respondents preferred an appeal before the appellate authority. The appellate authority allowed the appeal merely on the ground that Hans Raj (now deceased) happened to be a freedom fighter and ex-servicemen and, therefore, his eviction was improper. The appellant herein filed a writ petition under Article 226 of the Constitution before the High Court. The said petition was dismissed and the order of the appellate authority was affirmed. It is against the said judgment of the High Court, the appellant has preferred this appeal by way of special leave petition.
(3.)Heard learned counsel for the parties.