AIR 1993 KARNATAKA 82 ::(1992) ILR (Kant) 3787 ::1993 (1) RenCJ 311

Karnataka High Court

Hon'ble Judge(s): M. Ramakrishna , J

Karnataka Public Premises (Eviction of Unauthorised Occupants) Act (32 of 1974) , S.2(e), S.7(1)(2), S.16— Civil P.C. (5 of 1908) , S.9— Public premises Eviction of occupant - Property owned by State Road Transport Corporation is public premises - Licence granted to run canteen in premises - Eviction of licensee - Civil suit is not maintainable. Civil P.C. (5 of 1908) , S.9— The Karnataka Road Transport Corporation has been established under the Road Transport Corporations Act, 1950. Therefore, it is a Corporation coming within the definition of sub-clause (iii) of clause (e) of S. 2 of the 1974 Act. Though it is a company as defined in S. 3 of the Companies Act, 1956 since the State Government is having not less than 51 per cent of paid up share capital in it, it also comes within the definition of the 'public premises' defined in S. 2(e) of the Act. Further, by virtue of the provisions of Art. 12 of the Constitution, the Corporation has been declared as a State. Thus, it is clear that the suit premises owned by the Corporation is a 'public premises' as defined in the Karnataka Act, 1974 in which case the said Act gets attracted. Therefore, in view of the specific provisions of S. 16, any dispute arising out of the action taken by the competent authority seeking to evict a licensee from the public premises, viz. the canteen, or to recover arr....