LAXMAN SINGH Vs. DISTRICT JUDGE,PITHORAGARH AND OTHERS

JUDGEMENT

(1.) THIS is a writ pe­tition filed by the petitioner, challeng­ing the order dated 25.4.2001 passed by the District Judge, Pithoragarh in appeal under Section 9 of the U. P. Public Premises (Eviction of Unauthor­ised Occupants) Act, 1972. The said appeal was filed by the petitioner against the order dated 25.4.2001, passed by the Prescribed Authority under Section 4 of the said Act hold­ing the petitioner to be unauthorised occupant and directing the petitioner to vacate the premises and an order was also passed by Prescribed Authority un­der Section 7 of the said Act imposing penal rent on the petitioner at the rate of Rs. 3,000 per month.

(2.) THE dispute relates to plot No. 1286. Sri Jagannath was the owner of the plot in dispute who died in 1982. On 24.11.1979, an agreement to sell was executed in favour of the petitioner by late Sri Jagannath and possession of the land was transferred to the peti­tioner. Petitioner claims that by virtue of Section 164 of Zamindari Abolition and Land Reforms Act, he became transferee of the land. Section 164 of U.PZ.A. and L. R. Act reads as under: