RAJ KUMAR SON OF PIRTHI CHAND Vs. STATE OF PUNJAB THROUGH THE ESTATE OFFICER
LAWS(P&H)-2011-10-97
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 17,2011

Raj Kumar Son Of Pirthi Chand Appellant
VERSUS
State Of Punjab Through The Estate Officer Respondents

JUDGEMENT

- (1.) WHILE a State action is always to be tested on the touchstone of Article 14 and discrimination could itself be a ground for annulling the action taken by the public authority, if justification could be shown by the State as to why a particular action for ejectment was taken against the tenant then, the issue of discrimination cannot arise. In this case, the action for ejectment was taken in the year 1984 when the Petitioner had created a sub -tenancy and also fallen into the arrears of rent. The ejectment action became necessary, according to the State, by the fact that the tenant did not pay rent in the manner contemplated under the policy issued on 01.06.1970 and they were entitled to take action for ejectment.
(2.) I cannot find fault with the order and it cannot be assailed as discriminatory by the tenant. The writ petition ough to fail and, therefore, dismissed. If there had been an subsequent agreement between parties, the same will not be in any way affected by this decision. This decision confines itself only to the tenability of the order of ejectment already passed on the grounds urged therein.;


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