The conclusion arrived at by the prescribed authority holding .that a Sarpanch of the Gram

Panchayat is not a tenant canno.t be interfered with under Article 226 of the Constitution. This is a question basically one of fact and would not be interferred with under Article 226. Mahan Singh v. Resident Magistrate 1965 Cur. LJ 37, 1965 PLR 161.

--Section 7-Expiry of term of lease-Gram Panchayat can dispossess by taking action U/S. 7 or under any other provision of law available to them 1998 (1)All INDIA LAND LAVVS REPORTER 609.

Section 7-Limitation Act, 1963-Articles112 and 113-Petitioner denies having. been in ossession of public premises and further resents the recovery of rent as time barred-Once it is held that petitioner remained in occupation of Government land, he cannot resist the recovery Of rent/damages as barred by limitation--As held in 1983(1) ALL INDIA LAND LAWS REPORTER 572, Limitation was 30 years under Article 117--Article 113 would not be applicable; Gajjan Singh v. State of Punjab; 1997(2) All INDIA LAND LAWS REPORTER (P&H) 121.

Ss. 7 and 10-On expiry of tenure of service an employee of the L.I.C. was I required to vacate the Premises owned and possessed by L.I.C. -Old not-Clause shown by respondent-employee did not appeal to the L.I. C .and hence an order of eviction-Unsuccessfully challenged before the City Civil court and was not entertained, by the appellate court-ln writ jurisdiction the respondent whereas could not demolish the grounds of eviction, clung to plea of despair that in case he went to Small Cause Court, in view of S.10 of the Act; his possession during the pendency of the suit would not remain protected-High Court ordered (i) matte may be taken up before a court of competent authority and (ii) directed the orders of the Estate Officer to be stayed for that period L.I.C. is in appeal-Apex Court held (i) Respondent would gave an undertaking to Vacate the premises within 6 months, quantum of rent and damage to be sympathetically decided by L.I.C. (ii) Retiral dues to be cleared within two months, to enable respondent to seek alternative accommodation; Life Insurance Corporation of lndia V. Shiva. Prasad Tripathi ;

1996(1) ALL INDIA LAND LAWS REPORTER (SUPREME COURT) 533.

. FOR PUNJAB AND HARYANA .

8. POWER OF COLLECTOR :- The collector shall, for the purpose of holding an enquiry under this Act, have the same power as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matter, namely :-

Public Permises and Land (Eviction & Rent Recovery) Act . 17 SECTION-9 to 11

1. (a) summorning and enforcing the attend of any person and examining him on oath : .
2. (b) requiring the discovery and production of doccument :
3. (c) any other matter which may be prescribed. FOR PUNJAB AND HARYANA 9. APPEALS :-(1) An appeal shall lie from every of Collector made in respect of any public premises under Section 5 or Section 7 to the Commissioner. (2) An appeal under Sub-section (1) shall be preferred-
4. (a) in the case of an appeal from an order under section 5, within thirty days from the date of puplication of the order under sub-section (1) of that section; and
5. (b) in the case of an appeal from an order under section 7, within thirty days from the days on which the order is communicated to the appellant: Provided that the commissioner may entertain the appeal after the expiry of the said period of thirty days if he satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

1. (3) Where an appeal is preferred from an order of the Collector, the Commissioner may stay the enforcement of that order for such period and on such conditions as he deems fit.
2. (4) Every appeal under this section shall be disposed of by the Commissioner as expeditiously as possible .
3. (5) The costs of any appeal under this section shall be in the discretion of the Commissioner. COMMENTARY S. 9-Grounds-Occupantof Municipal shop did not appear on notice.-Evicted by exparte order by Collector on grounds of unauthorised possession and non payment of rent-Appeal before Commissioner contending an attorney had been engaged who had failed to appear-dismissed In limine on above grounds-Question in dispute is could the commissioner dismiss the appeal without issuing notice to the Collector-High Court appeal could not be dismissed on merits because of non compliance of the said rules-Case remanded to Commissioner for decision. 1991(2) ALL INDIA LAND LAWS REPORTER438. FOR PUNJAB AND HARYANA .10. FINALITY OF ORDER.-Save as otherwise expressly provided in this Act, every order made by the Collector or Commissioner under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken In pursuance of any power conferred by or under this Act. COMMENTARY -Section 1 order passed by Commissioner under Section 9-Revision be fore Financial commissioner not maintainable-Order of Commissioner is final . 1986(1)ALL INDIA LAND LAWS REPORTER 111. FOR PUNJAB AND HAYRANA 11. OFFENCES AND PENALTY :--(1) If any person who has been evicted from any public premises under this Act again oocupies the premises without authority for such occupation he shall (on conviction by an Executive Magistrate-in Pb. only) be punishable with imprisonment for a term which may extend to one year or with fine 18 Public Permises and Land (Eviction & Rent Recovery) Act SECTION- 11 and 16 Which may extend to one thousand rupees, or with both.
4. (2) Any Executive Magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act. ' FOR PUNJAB AND HARYANA 12. POWER TO OBTAIN INFORMATION :-(1) If the Collector has reason to believe that any persons are in unauthorised occupation of any public premises, the Collector or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information of possession! FOR PUNJAB AND HARYANA 13. LIABILITY OF HEIRS AND LEGAL REPRESENTATIVES.-Where any person against whom any proceeding for the determination of arrears of rent or for the assessment of damages is to be ,or has been taken dies before the proceeding is taken or during the pendency therof. The (-in Hr.) (Iegal- in Pb.) proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.
5. (2) Any amount due to the State Government or the (local -in Hr.) (corporate -in Pb.) authorised from any person whether by way of rent or damages or costs shall, after the death of the persons" be payable by his heirs or legal representatives but their liability shall be limited to the extent of the-assets of the deceased in their hands. FOR PUNJAB AND HARYANA, . 14. RECOVERY OF RENT ETC. AS ARREARS OF LAND REVENUE.-If any person refuses or fails to pay the arrears of rent payable under sub-section (1) or Section 7 or the damages payable under sub-section (2) of sub-section or the costs awarded to the State Government or the (local-in Hr.) (corporate -in Pb.) authority under sub-section (5) of Section 9 or any portion of such rent, damages or costs, within the time, if any, specified therefore in the order relating thereto, the Collector shall proceed to recover the amount due as arrears of land revenue. . FOR PUNJAB AND HARYANA 15. BAR OF JURISDICTION.-No court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person Who in unauthorised occupation of any public premises or the recovery of the arrears of rent payable under sub-section (1) of Section 7 or the damages payable under subsection (2) of that section other costs awarded to the State Government, or the (local-in, Hr.) (corporate -in Pb.) authority under sub-section (5) of Section 09 or any portion of such rent, damages or costs. FOR PUNJAB AND HARYANA 16. PROTECTION OF ACTION TAKEN IN GOOD FAITH.-:No suit, prosecution or other legal proceeding shall lie against the State Government or the (Local-in Hr.) (corporate -in Pb)authority or the Commissioner or the Collector in respect of any-thing which is in good faith done or intended to be done in pursuance of this Act of any rules or orders made thereunder. Public Permises and Land (Eviction & Rent Recovery) Act 19 SECTION- 17and 18 . FOR PUNJAB AND HARYANA 17. POWER TO MAKE RULES.-(1) The-state Government may, by notification, make rules for carrying out the purpose of this Act.
6. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served;
   • (b) the holding of enquiries under this Act;
   • (c) the procedure to be followed in taking possession of public premises;
   • (d) the manner in which damages .for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages;
   • (e) the manner in which appeals may be preferred and the procedure to be followed in appeals;
   • (f) any other matter which has to be or may be prescribed.
7. (3) Every rule made under section shall be laid as soon as may be, after it is made, before the (House of the-in Hr.) State Legislature while it is in session for a total period of ten days which .may be comprised in one session or in two or more successive session, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made the rule shall thereafter have effect only In such modified form or be of no effect, as the case may be; so ,however, that any ,such modificationor annulment shall be without prejudice to the validity of anything previously done under that rule. FOR PUNJAB AND HARYANA 18. REPEAL.- The punjab Public Premises and Land (Eviction and Rent Re-covery}.Act,1959, is hereby repealed: FOR PUNJAB AND HARYANA . 19. VALIDATION.- Notwithstanding any judgment, decree or order of any court, anything done or any action (including or orders made notice issued, eviction ordered, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959( (hereinafter in this section referred to as the 1959 Act) shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this Act which, under sub-section (3) of section 1 shall be deemed to have come into force on the (10th day of August 1959-in Hry.) (27th day of November,1959, in Pb.) and accordingly- _
   • (a) no suit or other legal proceeding shall maintained or continued in any court .for the refund of any rent or damages or cost recovered under the 1959 Act where such refund has been claimed .merely on the ground that said Act has been declared to be unconstitutional and void; and . (b) no court shall enforce decree or order directing the refund of any rent or damages or costs recovered under the 1959 Act merely on the ground the said Act has been declared to be unconstitutional and void. THE PUNJAB/HARYANA PUBLIC PREMISES AND LAND EVICTION,AND RENT RECOVERY) RULES, 1974/1973 1. SHORT TITLE.-These rules may be called the Punjab/Haryana Public Premises and Land (Eviction and Rent Recovery) Rules [1974-in Pb.}, [1973 in Hr.]. 2. DEFINITIONS-In these rules[ . ............unless the context otherwise re- quires ..........•. in Pb. Only]. (a) "Act means the Punjab/Haryana Public Premises and Land (Eviction and Rent recovery) Act,1973/72. (b) "Form" means a form appended to these rules; (c)Words and expressions used but not defined in these rules shall have the meaning, if any, assigned to them in the Act. 3. FORM OF NOTICES AND ORDERS. [Section 17(2)(a)--. in Pb.], [Section 7 -n Hr.] A notice or order under the Act shall be in one of the appropriate Forms appended to these rules. Rule 4 as in Punjab 14. MANNER OF SERVICE OF NOTICES .--. (1) In addition to any mode of service specified in the Act, a notice issued under sub-section (1)of Section 4 Of sub-section (1 ) of Section 6 or sub-section (3)- of on 7 of the Act shall be served by delivering or tendering a copy of the notice to the person for whom it is intended or to any adult member of his family, or by sending it by registered post in a letter addressed to that person at his usual or last known place of residence or business.
8. (2) Where the copy of the notice under sub-rule(1) is delivered or tendered the signature of the person to whom the copy is so delivered or tendered shall be obtained in token of acknowledgement of the service.
9. (3) In respect of a notice issued under sub-section (1) of Section 6 or subsection (3) of Section 7 of the Act, where the person or the adult member of the family of such person refuses to sign the acknowledgement, or where such person cannot be found after using all due and reasonable diligence - and there is no adult member of the family of such person, a copy of the notice shall be affixed on the outer door or some other conspicuous part of that ordinary residence or usual place of business of such person and the original notice shall be returned to the Collector who issued the notice with a reportendorsed thereon or annexed thereto stating that copy has been so affixed the circumstances under which it was so done and the name and address of the person, if any, by whom the ordinary residence or usual place of business was identified and in whosepresence the copy was affixed.
10. (4) If a notice issued under sub-section (1) of Section 4 and sub-section (3) of Section 7 of the Act cannot be served in the manner provided in sub-rule (1), the Collector may, if he thinks fit, direct such notice shall also be published in at least Public Permises and.Land (Eviction & Rent Recovery) Rules 21 RULES -4 one newspaper having circulation in the locality and he may also proclaim the contents of any notice in the locality by beat of drum.] (Substituted by FG notn. No. GSR 122/PA. 31/73 Amd (1)/76 dated 5-10-6,] Rule 4 as in Haryana 4. MANNER OF SERVICES OF NOTICE [SECTIONS 4 AND 6].-(1) Where the person on whom a notice under sub-section (1) of section 4, or sub-section (1) of section 6 of the Act is to be found, a copy of such notice shall, in addition to any other manner of service specified in the Act, be affixed in a conspicuous part of the last known place of business of such person [in the presence of two witnesses preferably of the locality in which the public premises are situated] or be delivered to some adult member of his family. [(2) The Collector may also cause the contents of any notice proclaimed in the locality by beat of drum] . Rule 6 of Punjab and rule 5 of Haryana 6/5. Manner of taking possessions of public premises: [Sections 5 (2) &, 17(2)(e)-in Pb.] Section 5 (2)in Hr. if any obstruction is offered, or is in the opinion of the Collecter likely to be offered, to the taking possession of any public premises under the Act, the Collactor or any other officer duly authorised by him in this behalf may obtain necessary police assistance.
11. (2) Where any public premises of which possession is to be taken under the Act is found locked, the Collector or any [1] officer duly authorised by him in this behalf may either seal the premises or in the presence of two [independent-in Pb.] witnesses [preferably of the locality in which the public premises are situated-in Hr.] break open the locks or open or cause to be opened any door, gate or other barrier and enter the premises : Provided that- (1)(a) no entry shall be made into, or possession taken of a public premises before sunrise or after sunset; (2)(b) where any public premises is forced open an inventory of the articles found in the premises shall be prepared in the presence of two [independent-in Pb]] witnesses [preferably of the locality in which the public premises is satuated-in Hr. only]. Rule 7 of Punjab and Rule 6 of Haryana 7.6. Assessment of damages [Section 7 & 17 (2)(d)-Pb.] [Section 7]. In asessing damages for unauthorised use and occupation of any public premises, the Collector shall take into consideration the following matters, namely:
    • (a) the purpose and the period for which the public premises, the Collector shall take into consideration the following matters, namely:
    • (a) the purpose and the period for which the public premises were in un-authorised occupation;
    • (b) the nature, size [location--in Pb.] [Inserted by ibid] and standard of the accommodation available in such premises;
    • (c) the rent that would have been realised if the premises had been let on rent for the period of unauthorised occupation to private person; (e) any other matter relevant for the purpose of assessing damages. 22 (Pb.)Public Permises and.Land (Eviction & Rent Recovery) Rules FORM- 7,,8 and 9 Rule 5 of Punjab and Rule 7 of Haryana 5.7. Holding of inquiries [Sectlon.17(2)(d)-in Pb.] [Section 8-in Hr.] (1) Where any person on whom a notice or order under the Act, has been served, desires to be heard through his representative, he should authorise such representative in writing
12. (2) The Collector shall record the summary of the evidence [tendered-in Pb,] [produced in Hr.] before him. The summary of such evidence and any relevant documents filed before him shall form part of the records of the proceedings. 8. Procedure in appeal, [Sections 9 and 17(2)(a)-in Pb.] [S.11(2)(e)-in Hr.] (1) An appeal preferred under Section 9 of the Act shall be in writing, shall set forth concisely the grounds of objection to the order appealed against and shall be accompanied by a copy of such order.
13. (2) On receipt of the appeal .and after calling for and perusing the record of the proceedings before the Collector, the appellate officer shall (appoint-in Pb.] [fix-in Hr.] a time and place for the hearing of the appeal and shall give notice thereof to the Collector against whose orders the appeal is preferred and to the appellant. '. 9. Repeal.- The Punjab Public Premises and Land (Eviction and Rent Recovery) Rules, 1959, are hereby repealed. Form A Form of notice under sub-section (1) of Section 4 of the Punjab/Hr. Public Premises and Land (Eviction and Rent Recovery) Act, [1973/1972]. To Shri/Shrimati/Kumari . [son/daughter of-in Hr.] .....(Address-in Hr.] ........ ..... Whereas I, the undersigned, am of opinion, on the grounds specified below, that you are in unauthorised occupation of the public premises mentioned in the Schedule below and that you should be evicted from the said premises:- GROUNDS Now, therefore, in pursuance of sub-section (1) of Section 4 of the Act, I hereby call upon you to show cause on or before the ****