LAWS(UTN)-2010-7-318

SATESHWAR PRASAD SATI Vs. STATE

Decided On July 27, 2010
Sateshwar Prasad Sati Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) HEARD Shri Lokendra Dobhal, the learned counsel for the petitioner and Mr. R.C. Arya, the learned Brief Holder for the State.

(2.) THE petitioner is an occupation of some land in village Deo -Asthan, Patti Pokhari, District Chamoli. It is alleged that he applied for the regularization of his unauthorized possession before the authority concerned. Notwithstanding the aforesaid, a notice u/S 4 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 dated 08.05.1980 was issued alleging that since the petitioner is an unauthorized occupation, the petitioner was directed to show cause as to why he should not be evicted from the premises in question. The petitioner appeared and filed his objections. The Prescribed Authority by an order dated 15th October, 1980 passed an order of eviction. The petitioner, being aggrieved, filed an appeal before the District Judge which was dismissed by an order dated 22nd May, 1981. The petitioner, being aggrieved by the said orders, has filed the present writ petition.

(3.) THE only ground urged before this court is, that the notice did not contemplate the grounds on which the petitioner was being evicted and such grounds were required to be mentioned in the notice u/S 4 of the Act. A copy of the said notice has been annexed as annexure -1 to the writ petition. Upon a perusal of such notice, one finds that no grounds has been mentioned in the said notice.