Judgment Search Results Home > Cases Phrase: karnataka public premises eviction of unauthorised occupants act 1974 section 3 appointment of competent officers Page 1 of about 326 results (0.233 seconds)

Rukmini and Others Vs. State of Karnataka and Others

Court : Karnataka

..... under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 ('act' for short) has not been followed n the present case and neither a competent officer as required under section i of the act was appointed nor any order was passed for evicting in authorised occupants as per section 5 of the said act for the reasons to be recorded therein and therefore, the petitioners are sought to be illegally evicted from these premises and their right to appeal against such orders passed under section 5 of the act before the district judge having ..... the relevant extract of the government circular dated 14-8-2015 annexure-b now produced with these writ petitions along with translated copies thereof, in sum and substance, provides that as per the provisions of section 72(1) and 72(2) of the karnataka municipalities act, 1964, the municipal council is vested with the powers of lease/sale/dispose of the immovable property in the town and in pursuance of the judgment of this court in the case ..... and modifying the earlier guidelines for the existing old commercial complexes, the tenants residing/occupying, if their lease period has concluded as per the agreement, such commercial complexes may be disposed of by a public notice through public auction, in terms of section 72(1) of the karnataka municipalities act, 1964. 8. ..... which lease period has concluded may be disposed through public auction as per karnataka transparency in public procurements act, 1999 (k.t.t.p. .....

The Horticulture Producers' Co-operative Marketing and Processing Soci ...

Court : Karnataka

Reported in : 2000(6)KarLJ442

..... is after disposal of this writ petition, the third respondent-institution has approached the second respondent-board of wakf, by filing a petition under section 5 of the karnataka public premises (eviction of unauthorised occupants) act, 1974, inter alia seeking an order of eviction against the petitioner-society. ..... horticultural producers co-operative marketing and processing society limited, hour road, bangalore-27, is an unauthorised occupant within the meaning of the explanation (g) of section (2) of the karnataka public premises (eviction of unauthorised occupants) act, 1974. 6. ..... institution is a wakf under the management of karnataka state board of wakfs and as such the petition schedule property comes within the definition of sub-clause (v) of clause (e) of section 2 of the karnataka public premises (eviction of unauthorised occupants) act, 1974. ..... officer so appointed alone is competent to issue notice under section 4 of the public premises (eviction of unauthorised occupants) act. ..... this precise question, in my opinion, the relevant provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, requires to be noticed. ..... second prayer is for a declaration, to the effect that the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, is not applicable to petition schedule property, since there is no declaration from a competent forum that the second and third respondents herein are the owners of schedule property.3. .....

The Divisional Controller, K.S.R.T.C., Hubli and Another Vs. Gangadhar ...

Court : Karnataka

Reported in : AIR1993Kant82; ILR1992KAR3787

..... -47 of his order, the learned munsiff held as follows :--'it is not in dispute that the ksrtc is a corporate body established under the karnataka road transport corporation act, 1950 and therefore, the premises belonging to the ksrtc, comes within the purview of public premises as defined under section 2(e)(iii) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 and that any person who remains in occupation of the property in question after expiry of the contract period etc. ..... to section 16 of the act, the learned munsiff held in paragraph-48 as under :--'further, section 16 of the karnataka public premises (eviction of unauthorised occupants) act, 1974 bars jurisdiction of civil court in respect of eviction of any person who is in unauthorised occupant of any public premises etc ..... it is clear that the suit premises is a 'public premises' as defined in the karnataka public premises (eviction of unauthorised occupants) act, 1974 in which case the said act is attracted to this case. ..... , will be an unauthorised occupant of it as defined under section 2(g) of the said act of 1974 and its competent officer appointed by the state government under section 3 of the act, 1974 is competent to deal with such matters under the act, after following the procedure ..... it is seen that any dispute arising out of the action taken by the competent authority seeking to evict a licensee from the public premises, or to recover arrears of rent payable under sub-sec. (1) of s .....

Shrirahatti, M.A. Vs. N.G.E.F. Limited

Court : Karnataka

Reported in : (2003)IILLJ1004Kant

..... portion of the communication at annexure-b reads as follows:'under the circumstances stated above, company is left with no option but to forcibly evict you from the said premises in accordance with the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974. ..... eviction proceedings were initiated under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 ..... the tribunal having come to the conclusion that dcrg cannot be withheld merely because the claim for damages for unauthorised occupation is pending, should in our considered opinion, have granted interest at the rate of 18% since right to gratuity is not dependent upon the appellant vacating ..... the service in the year 1975 and was appointed as a section officer. ..... in the light of the letter written by the respondent company giving time for the appellant to vacate the premises on humanitarian ground and the appellant having complied with the request in the letter, it is certainly a disputed question of fact whether the amount that was sought to be set off can be termed as ..... the competent officer passed an order of eviction on september 10, 1997 directing the appellant to vacate the premises on or before ..... prabhakar, the learned senior counsel for the respondent, however, submitted that the eviction order had become final and conclusive and, therefore, there is a liability on the part of the appellant as such was bound to settle the dues and such adjustments .....

M/S. Hanuman Silks and Etc. Vs. Karnataka Industrial Areas Development ...

Court : Karnataka

Reported in : AIR1997Kant134; ILR1996KAR3384; 1996(7)KarLJ277

..... 11.4 section 25 in chapter vi of the kiad act providing for application of karnataka act 32/1974, reads as follows :(1) the state government, may, by notification provide from such date as may be specified in such notification that the karnataka public premises (eviction of unauthorised occupants) act, 1974, shall apply to premises belonging to, vesting in, or leased by, the board, as that act applies in relationto public premises, ..... the lease was valid; that the board could not have resumed the plot without recourse to law, that is either by filinga suit for adjustment possession or by initiating eviction proceedings underline karnataka public premises (eviction of unauthorised occupants); act, 1974 ('public premises act' for short); and that the board was guilty of discrimination and favouritism as board has not taken any action for cancellation in the case of several prior allottees who have ..... (1), the aforesaid act and the rules made thereunder, shall apply to the premises of the board with following modifications, that is to say - (a) the state government may appoint any officer whether under the government or the board, as it thinks fit, to be the competent officer for the purposes of the aforesaid act; (b) reference to 'public premises' in that act and those rules shall be deemed to be reference to premises of the board ..... 28(4) of the act, fails to deliver the land, the state government or any officer authorised by the state government,may take possession of the land and may .....

The Karnataka State Accounts Department Employees' Association, Bangal ...

Court : Karnataka

Reported in : ILR2000KAR3035; 2000(4)KarLJ452

..... the accounts being to enforce discipline in the matter of incurring of expenditure and with regard to the works executed in respect of money spent by the state, the officers of the state accounts department, who are not subordinate to the chief engineer and other high functionaries of the public works department, will be able to discharge the duties of accounts superintendents more effectively and objectively than the officials of the departments of the ..... article the power to frame rules regulating recruitment, and conditions of service of persons appointed to public service and posts under the union or of any state is conferred on the president or the governor, as the case may be, until provision is made in that behalf by acts of appropriate legislatures. ..... , 1960, the governor of karnataka hereby sanctions the establishment of the state civil services cadre in respect of the karnataka public works engineering department service. ..... after the creation of those posts by executive action, it was also competent for the executive to prescribe conditions of service as applicable to such news as also the method of recruitment until the same is covered by rules framed under the proviso to article 309 of the constitution ..... if the state government keeping in mind that a section of its employees though are eligible to be promoted to the higher cadre, having regard to the existing service conditions, they have no promotional opportunities and in that background, creates the posts to provide .....

Mohd. HussaIn and Etc. Vs. Rajasthan Board of Muslim Wakf

Court : Rajasthan

Reported in : AIR2003Raj266; RLW2004(2)Raj749; 2003(3)WLC704

..... aligarh muslim university, 1987 all lj 960, wherein the appointment of a professor of chemistry of aligarh muslim university as an estate officer under the public, premises (eviction of unauthorised occupants) act, 1971 was upheld. ..... thus, the words 'or officers of equivalent rank of statutory authority' used in clause (a) of section 3 of the public premises (eviction of unauthorised occupants) act, 1971 are of the same category as the words 'gazetted officers of the govt. ..... in that case, the validity of section 3 of the public premises (eviction of unauthorised occupants) act, 1971 was challenged on the ground that it does not lay down any qualification of estate officer and leaves the matter entirely to the unbriddled discretion of the central govt ..... two writ petitions are by unsuccessful occupants of wakf properties, which are public premises within the meaning of section 2(b)(viii) of the rajasthan public premises (eviction of unauthorised occupants) act, 1964 (act no. ..... 'the court further observed :'when section 3 of the act authorises the appointment of an officer of a statutory body concerned as estate officer, and the officer so appointed alone is competent to issue notice under section 4 and pass order under section 5 of the act, it would be a case of statutory exception to the applicability of the rules of natural justice ..... a somewhat similar controversy in different shades also arose before karnataka high court in the indian bank v. ..... greater bombay municipality, air 1974 sc 2009. .....

B. Balachandran Vs. the Tahsildar and Others

Court : Karnataka

..... by the petitioner under section 10 of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (the act for short). ..... the learned district judge referring to rule 9 of the karnataka public premises (eviction of unauthorised occupants) rules, 1980 has held that the tahsildar in charge of the concerned muzarai or religious charitable institution is the competent officer for the purpose of the act and therefore, the order passed by him did not suffer from ..... state government is empowered under section 3 to issue a notification appointing the competent officer in respect of the public premises for the purpose of the act and defining the local limits of their jurisdiction and also the categories of the public premises in respect whereof they are the competent officers. 7. ..... inviting the attention of the court to sl.no.35 of the said notification, it is contented by him that the assistant commissioner, puttur sub-divsiion, puttur is the competent officer appointed for the local limits of puttur revenue sub-division and the properties in question being situated within the revenue sub-division of puttur, it is the assistant commissioner, puttur sub-division, puttur who is the competent officer for the purpose of section 4 and 5 of the act and not the tahsildar. ..... section 3 provides for appointment of competent officers ..... section 2(a) defines the term competent officer as follows:- competent officer means an officer appointed as such by the state government under section .....

Bharath Gold Mines Ltd. Vs. Kannappa

Court : Karnataka

Reported in : ILR1986KAR4050

..... the crux of the argument was that the premises owned by the company were covered by the public premises (eviction of unauthorised occupants), act, 1971, and therefore there was an ouster of jurisdiction of the karnataka rent control act. ..... in that decision, the supreme court in unmistakable terms has laid down that the eviction of unauthorised occupants act, 1971 has over-riding effect over the delhi rent control act giving more than one reason. ..... but question of fixing fair rent is not the subject matter of the eviction of unauthorised occupants act. ..... shetty could not dispute that the unauthorised occupants eviction act deals with the eviction of persons who are in occupation of premises, defined as public premises under that act. ..... , a petitioner in this petition resisted on the sole ground that the karnataka rent control act was not operative in so far as the premises belonging to the company were concerned and therefore the rent controller had no jurisdiction to decide the fair rent under section 14 of the karnataka rent control act. ..... those of them who did not, approached the rent controller under section 14 of the karnataka rent control act for fixation of fair rent for the premises occupied by them. ..... under the said enactment, namely, the karnataka rent control act, even to demand higher rent, in terms of section 14 is violation of the state act's provisions.for the reasons i have given, the order does not call for interference.writ petition is dismissed. .....

Savithri V. Rao Vs. Commissioner, Corporation of the City of Mangalore

Court : Karnataka

Reported in : ILR1986KAR2167; 1986(2)KarLJ132

..... that the licenses granted to the appellants had been terminated in terms of the agreement for default in payment of license fee and consequently their occupation had become unauthorised, they could be evicted only in terms of the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, ('the act' for short), according to which in the first instance an order of eviction has to be passed by the estate officer nominated under the provisions of the act and ' thereafter the aggrieved party would have the right of appeal to district judge.4. ..... is ; ''whether the corporation could invoke the provisions of section 370 of the karnataka municipal corporation act, 1976, for eviction of occupants of shops in a market or whether the corporation is obliged to have recourse to the procedure provided under the karnataka public premises (eviction of unauthorised occupants) act, 1974. ..... general provisions available in the rent control act, according to which an owner of a premises could seek eviction on grounds specified in section 21 of the rent control act after making out aground for eviction of a tenant, the 1974 act had been enacted prescribing a special procedure and special forum for evicting persons found to continue in unauthorised occupation of the public premises and this being a special provision applicable to premises belonging to the corporation, the action for eviction of the appellants from the premises in question could have been initiated .....