CWP No. 1163 of 1986 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No. 1163 of 1986 Date of decision:- 05.01.2011 Shawinder Kaur ....Petitioner. Vs. The State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA ****** Present:- None for the petitioner. Mr. D.S. Brar, DAG, Punjab. HEMANT GUPTA, J (ORAL) This order shall dispose of Writ Petition Nos. 1163, 1164 and 391 of 1986 arising out of an order passed by the Commissioner on 08.02.1985, whereby three appeals were dismissed against an order passed by the Collector refusing to set aside exparte order of eviction. The Gram Panchayat filed an application under Section 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act 1973 against the petitioners. In such proceedings, an exparte eviction order was granted against the petitioners on 03.05.1982. The said order was passed as none had put in appearance on behalf of the petitioners after the proclamation by CWP No. 1163 of 1986 2 beat of drum was effected in the locality. An application for setting aside the exparte order filed on 25.08.1982, was dismissed on that day itself. It was observed that the application for eviction was filed by the Gram Panchayat on 01.10.1981 and that in respect of notices issued, Civil Nazar, Gurdaspur, has reported that village Kahnuwan is a big village and respondent is not traceable due to incomplete address. In pursuance of the said report, the present petitioners were sought to be served by beat of drum in the locality. Learned Collector held that the exparte order was passed on 03.05.1982, whereas the application for setting aside was filed on 25.08.1982 and therefore, it is barred by limitation. It was also held that since the petitioner has been served by proclamation in the village, therefore, the plea that the petitioners were not served is not tenable. An appeal against the said order was dismissed by observing that it was not incumbent upon the Collector to effect service or to get the proclamation where the respondent resides. I have gone through the orders passed by the authorities and find that the order passed by the learned Collector declining to set aside the ex-parte order of eviction on 25.08.1982 and the order in appeal dated 08.02.1985 suffer from irregularity and illegality. As per report of Civil Nazar, Gurdaspur, village Kahnuwan is a big village and it was reported that the petitioners cannot be served without complete address. It was thereafter, the petitioners have been ordered to be served by proclamation. CWP No. 1163 of 1986 3 The application for setting aside the ex-parte proceedings have been filed within four months. It was specifically averred that the petitioners came to know about the exparte order on 22.08.1982. In case of an exparte order, the period of limitation is to commence from the date of knowledge and not from the date of order. Since the petitioner is said to be served by proclamation, it is deemed service. Such proclamation cannot be said to be satisfactory mode of service keeping in view the report of the Civil Nazar that village Kahnuwan is big village and the present petitioner is not traceable due to incomplete address. Therefore, the Collector has erred in law in ordering service of the petitioners by proclamation without ascertaining the complete address of the petitioners. The proclamation in the village is not substitution for the personal service. It was incumbent upon the Authority to serve the petitioners on their known address. It was on being satisfied that the petitioners are evading process, they could ordered to be served by substituted service. Since, there is no evidence of avoiding the process of Court, the petitioners could not have ordered to be served by substitute service. Therefore, the orders passed by the Collector and the Commissioner cannot be sustained in law. Consequently, the orders passed by the Collector on 03.05.1982 and on 25.08.1982 and by the Commissioner on 08.02.1985 are set aside. The matter is remitted back to the Collector to decide the eviction proceedings in accordance with law expeditiously. CWP No. 1163 of 1986 4 It may be stated that the notice of the eviction proceedings be served upon the petitioners on the addresses mentioned in the present writ petitions. (HEMANT GUPTA) 05.01.2011 JUDGE aj