Judgment Search Results Home > Cases Phrase: karnataka public premises eviction of unauthorised occupants act 1974 section 9 powers of competent officers Page 3 of about 363 results (0.224 seconds)

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

Court : Karnataka

Reported in : 2000(6)KarLJ442

..... the 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. ..... basing on this claim and having framed an opinion that the petitioner-society is in unauthorised occupation of a public premises belonging to wakf institution, the competent officer has just issued a show-cause notice in exercise of his powers under section 4 of the act. ..... the competent officer and secretary, karnataka board of wakfs, is an officer appointed by the state government by issuing a notification in exercise of its powers under section 3 of the karnataka public premises eviction act. ..... section 9 of the act gives only limited powers vesting in civil court under the code of civil procedure to the competent officer for the purpose of holding an enquiry under the act. ..... in the present case, it is the secretary of karnataka board of wakfs, who is notified as estate officer by the state government in exercise of its powers under section 3 of the act. ..... debarring the estate officer from exercising his powers by applying rules of natural justice would result in the defeating of the provisions of the act as there would be no officer who could issue notice under section 4 or pass an order under section 5 of the act. .....

Divisional Traffic Officer Ksrtc, Mysore Division Vs. K. Ramaiah and o ...

Court : Karnataka

Reported in : 2007(4)KarLJ481

..... after determination of the tenancy, petitioner filed a complaint before the 7th respondent who is the competent officer of the ksrtc alleging unauthorised occupation of the shop premises mentioned above against respondents 1 to 6 and that they are liable to be evicted under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (for short 'the act') from these premises situate at the ksrtc bus stand, k.r. ..... the learned district judge was also of the view that no such notice has been issued to the tenants and as on the date of issuance of notice under section 4(1) of the act, the respondents herein are not the unauthorised occupants and the issuance of notice under section 4(1) is bad in law and the competent officer is only competent to pass eviction order against unauthorised occupants and not against authorised occupants.21. ..... in view of the law in force namely, the pp act governing the field, the unauthorised occupant does not become authorised merely because protection was given against the arbitrary evictions under the provisions of the krc act earlier.under the provisions of the pp act it is not at all contemplated any prior notice of termination of tenancy be given to an unauthorised occupant.in 2001 (2) kccr 1267 - electric power devices company v. sr. ..... district judge and also the decision in 2001(2) kccr 1267 electric power devices company v. sr. .....

John B. James and Others Vs. Bangalore Development Authority and Anoth ...

Court : Karnataka

Reported in : ILR2000KAR4134; 2001(1)KarLJ364

..... 4 of 2000); 'kmc act' for karnataka municipal corporations act, 1976; 'planning act' for karnataka town and country planning act, 1961; 'public premises act' for karnataka public premises (eviction of unauthorised occupants) act, 1974; and 'regularisation act' for karnataka regularisation of unauthorised constructions in urban areas act, 1991.1.1 these petitions have been heard with several other batches relating to other layouts of bda, the common factor being the relief sought, based on section 38-c(2) of the bda act, which was inserted by karnataka act 1 of 2000. ..... owner vis-a-vis a trespasser as under:(i) a true owner [even if it is the state or a statutory body] has no right to forcibly dispossess an unauthorized occupant [including a trespasser] in settled possession, otherwise than in accordance with law; (ii) a trespasser or unauthorized occupant in settled possession, can be dispossessed, only in accordance with an order/decree of a competent court/tribunal/authority or by exercise of any statutory power of dispossession/demolition entrusted to the state or statutory authority; (iii) a person in unauthorized possession shall be deemed to be in settled possession, if his entry ..... legal practitioners also give advice and opinion in regard to title and recommend purchase of properties on the basis of encumbrance certificates obtained from the jurisdictional registration officer, banks and financial institutions also advance loans on the basis of such ascertainment of title. .....

S.P. Anand Vs. the Competent Officer, Secretary to Bangalore Developme ...

Court : Karnataka

Reported in : 2001(6)KarLJ72

..... based on the heels of this resolution, the respondent 1 purported to initiate action under section 5 of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (for short, 'the act') as per annexure-d which the petitioner received on 10-12-1999 and he had sent a reply as ..... to the plaintiff on 10-2-1999 is in breach of contract, illegal and without the authority of law; (ii) restraining the defendant from taking any action against the plaintiff for the plaintiffs dispossession from the schedule premises either under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974 or otherwise; (iii) awarding court costs and such other reliefs as the hon'ble court deems fit to grant as the situation demands in the interest of justice. ..... result therefore, the petition is allowed declaring that the initiation of the proceedings under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1974, is illegal and opposed to law. ..... according to section 10 appeal shall lie from every order of a competent officer made in respect of public premises under section 5 or 7 to an appellate officer who shall be the district judge having jurisdiction over ..... also further held that nothing stated here should be construed to mean that the government has not the power to take recourse to the provisions of the act, where admittedly there is unauthorised construction by a lessee or by any other person on government land. 7. .....

itc Limited Corporate Head Quarters, and ors. Vs. Union of India by It ...

Court : Karnataka

..... in this writ petition the petitioners have prayed for a writ to declare section 2(e)(v) of karnataka public premises (eviction of unauthorised occupants) act, 1974 (for short "the public premises act") as substituted by amending act 22 of 1999 as null and void, to quash the order dated 12.8.2002 passed by the fifth respondent as per annexure-u, to quash the notice dated 19.11.2001 as per annexure-q and to declare the entire proceedings ..... respondent - the competent authority has no jurisdiction to initiate proceedings against the, petitioner under the provisions of karnataka public premises (eviction of unauthorised occupants) act, 1974? ..... possession of the schedule property having acquired the same under two registered lease deeds dated 15.10.1973 and 13.9.1977 and as such they are not unauthorised occupants and therefore, the competent authority has no jurisdiction to initiate the proceedings under the provisions of the public premises act. ..... board gave a request to the fifth respondent, competent officer to initiate proceeding against the petitioners under the provisions of public premises act. ..... and effective as per the order in w.a.no.2163/1990 in view of this revival of the resolution passed by the wakf board the commissioner of wakfs issued a notice and filed a petition on 12.11.2001 before the competent officer constituted under the public premises act. ..... competent officer issued the impugned notice dated 19.11.2001 as per annexure-q under section 4 of the public premises act .....

K. Vasudeva and ors. Vs. the Corporation of the City of Bangalore and ...

Court : Karnataka

Reported in : ILR2001KAR4973; 2001(6)KarLJ360

..... gowrishankar submits that, the premises in question is a public premises as defined under section 2(e) of the karnataka public premises (eviction of unauthorised occupants) act, 1974 (in short 'the act of 1974') and therefore submitted that provisions of the act are applicable to the facts of these cases. ..... referred to supra and in view of the finding recorded by me in the earlier paragraphs of this order holding that respondent-corporation has got power under section 288d of the act without resorting to the provisions of sections 4 and 5 of the act of 1974 and rules thereunder, and evict, remove their unauthorised occupation and encroachment without issuance of notices to the petitioners for the reason that between these two acts general provisions, under section 288dof the act of 1976 must prevail over the special provisions of the ..... of their fundamental and statutory rights before the competent civil court or this court, for the inaction on the part of respondents in not taking appropriate action for removal of the unauthorised occupation and encroachment of the conservancy lane by the petitioners including the structures put up by them, this court has to examine and interpret the provision of section 288d of the act of 1976 keeping in view the definition of public street as per section 2(31) of the act of 1976 and also the law laid .....

Pista Bai W/O Late H. Bhavarlal and ors. Vs. Bangalore Mahanagara Pali ...

Court : Karnataka

Reported in : 2008(4)KCCR2892

..... 5.9.2005 opposed the petition, interalia, contending that the writ petitions and reliefs are akin to a declaratory suit and in the light of the proceeding for eviction instituted by the karnataka board of wakf - 7th respondent, under the karnataka public premises (eviction of unauthorised occupants) act, 1974, coupled with the pendency of the appeal before the karnataka appellate tribunal and 23 years having gone by since the 3rd respondent occupied the petition schedule premises, a civil dispute cannot be decided in exercise of writ jurisdiction. ..... 19.7.2000 annexure-r4 reserving liberty to the 3rd respondent to file objections to the show cause notice and directed the competent officer to consider the objections.7. ..... of karnataka, by order dt 26.2.2003 reconstituted a high power committee under the chairmanship of the registrar of co-operative societies and the special deputy commissioner, as a member, who after an enquiry into the issues pertaining to the society, submitted a report on 11.8.2003 stating that the petition schedule premises, in occupation of the 3rd respondent belongs to h ..... 1076 and during the year 1992 proceeding under section 321(1) and (2) of the karnataka municipal corporations act, though, initiated was closed in the light of the reply to the notice.12 ..... reported in : [2002]2scr31 , in the circumstances is apposite:if such actions by the mighty or powerful are condoned in a democratic country, nobody would be safe nor can the citizens protect their properties. .....

Damodar Narayana Naik Gardikar Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1995Kant225; 1996(7)KarLJ179

..... section4(l) of the karnataka public premises (eviction of unauthorised occupants) act, 1971 runs as under: 'if the estate officer is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. ..... by this petition, the petitioner has prayed for issuance of a writ of certiorari or writ, order or direction in the nature of certiorari and for quashing the notice in form 'a' purporting to have been issued under s.4(l) of the karnataka public premises (eviction of unauthorised occupants) act dated 4-1-1993, a copy of which has been annexed to this writ petition and for such other reliefs as this court may deem fit.2. ..... 'sub-section (1) of s.4 of the act provides that if the estate officer is of the opinion that any person is in unauthorised occupation of the public premises and that he should be evicted, then the estate officer shall issue a notice in writing in the manner hereinafter provided, to persons concerned and shall call upon them to show cause why the order of eviction need not be made against them. ..... it is well settled principle of law that if law confers certain powers and it prescribes the specific mode for exercising of that power, then the necessary implication that follows is that ordinarily the other modes are closed. .....

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, but subject to the provisions of sub-sec. ..... agreement provides for such extension; that the power of re-entry/resumption reserved in the agreement does not authorise the board to forcibly dispossess the lessees from the plot, even if the termination of 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 ..... (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 and references to the 'state government' in .....

Nnjunda and Others Vs. Court of the 1st Additional District Judge and ...

Court : Karnataka

Reported in : AIR1994Kant141

..... subsequently eviction proceedings were initiated under the provisions of the karnataka public premises (eviction of unauthorised occupants) act, 1984, ('the ..... act, there can be no doubt that the competent officer was competent to initiate proceedings and order eviction; if not, orders of eviction will be void ..... similarly, section 2(7)(bb)(iii) of the karnataka rent control act was referred, according to which nothing in the said act shall apply to any premises belonging to a muzrai institution or a religious or charitable institution under the management of the ..... the government may appoint dharmadarshis or nazarins of wakfs, as the case may be to manage the affairs of one or more muzrai institutions and, by rules framed in this behalf, determine the manner of selection, fix the term of office and regulate thepowers and duties of such dharmadarshis and nazarins.the government may delegate to the muzrai commissioner or the deputy commissioner, the power of appointing dharmadarshis or nazarins of wakfs in respect of any institution or class of institutions. ..... however, the government is empowered to appoint a muzrai commissioner on whom the government may confer such duties and powers of appeal, superintendence and control as the government may think fit in respect of all or any particular class of religious and ..... section 5 provides for the appointment of deputy commissioner, assistant commissioner and amildars and their duties and powers in respect of the institutions coming within their .....