PUSHPA KIMOTHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Shri Pankaj Purohit, the learned counsel for the petitioner and Shri Sudhir Kumar, the learned Brief Holder for the respondents.

(2.) Based on a report of a Patwari that the petitioner has constructed a cow-shed and a latrine / bath room on a government land, a notice u/S 4 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 was issued directing the petitioner to show cause as to why the petitioner could not be evicted from the premises in question. The petitioner submitted a reply and contended that the construction is made on the land belonging to them which they are in cultivatory possession since the year 1955. In paragraph 5 of the writ petition, it has been alleged that the land in question is recorded in their name and, over a period of time, certain portion of the land had been sold to various persons. In support of his submission, the learned counsel for the petitioner examined himself as well as other witnesses to prove that he had been in cultivatory possession for a period of time.

(3.) The Prescribed Authority, after considering the material evidence on record, came to the conclusion that the cow-shed and the bath room was recently constructed on a land situate above the road leading to the house of the petitioner which was an unauthorized construction and, accordingly, directed demolition and the eviction of the petitioner from the said premises. The petitioner, being aggrieved, filed an appeal which also met the same fate and, consequently, the present writ petition has been filed.