- (1.) BY this judgment, I propose to dispose of Civil Writ Petitions No. 5256, 5257, 5258, 5259, 5260, 5261 and 7661 of 1992 as common question of law and facts is involved therein.
(2.) HARYANA Agricultural University, Hissar, respondent No. 2 (hereinafter referred to as 'the University') took the land in dispute on lease from the State Government for a period of 99 years for setting up a cotton Research Station at Sirsa. The university filed an application under Sections 4 and 5 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, (hereinafter referred to as 'the 1972 Act') for the eviction of the tenant from the land in dispute on the allegation that a part of the land was given on lease to the petitioner for a period of one year, i. e. 1988-89, and on the expiry of one year, petitioner was obliged to vacate the land and hand over the vacant possession and petitioner having failed to deliver possession of the land on expiry of term of one year, became an unauthorised occupant and, therefore, the university was entitled to enter into possession of the land in possession of the petitioner.
(3.) PETITION filed a detailed reply to the application filed by the university, taking therein various objections, including that the land is not 'public premises' as defined in the 1972 Act. During the pendency of the application, petitioner filed a writ petition in this Court, challenging the notice issued by the Collector under Sections 4 and 5 of the 1972 Act. This Court disposed of the said writ petition in the following terms : "present : Dr. Gurmiet Singh, Advocate. The authority may pass in appropriate order in accordance with law after considering any objections raised by the petitioners. However before taking actual position, one week shall be granted to the petitioners after the communication of the order to them. They will be at liberty to approach this court or any other authority in accordance with law, if the authority passes any adverse order against them. The Writ petition is disposed of. " Subsequent to the disposal of the writ petition, petitioner filed fresh objections before the collector. Some of the objections were that in the Jamabandi for the year 1986-87, petitioner is shown as Gair Mumkin tenant on payment of 1/3rd Batai and as much, the petitioner cannot be held to be in unauthorised occupation that application under Sections 4 and 5 of the 1972 Act is not maintainable as the Civil Court has declared the petitioner to be tenant-at will; that the university has no locus standi to file application under Sections 4 and 5 of the 1972 Act.;