PADMENDRA SINGH @ GUDDU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY means of this writ petition, the Petitioner has challenged the order dated 20.04.2010 passed by learned District Judge, Pauri Garhwal in Misc. Case No. 48 of 2009 Padmendra Singh @ Guddu v. State by which his application under Section 5 of Limitation Act was rejected and consequently the appeal was also dismissed.

(3.) LEARNED Brief Holder submitted that Section 9(2) read with Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 provides start of limitation from date of publication of the order. He further submitted that since the copy of form B and F was received by the Petitioner on 18.11.2009, the appeal filed by the Petitioner was within time. Prima facie, this Court is satisfied with the submissions made by learned Brief Holder for the State but since no such ground has been taken in the writ petition, this Court is not considering this ground.