BRIJESH LAL SAH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Proceedings were initiated against the petitioner under provisions of U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972.

(2.) Learned Prescribed Authority ordered for petitioner's eviction from the land in question by holding that petitioner is occupying public premises without any authority of law. Petitioner filed appeal against the order passed by Prescribed Authority, which too has been dismissed by learned District Judge, Bageshwar, vide judgment dtd. 30/11/2017. Feeling aggrieved by these two orders, petitioner has approached this Court.

(3.) The writ petition suffers from delay and laches and there is no plausible explanation for delay of more than three years. Even otherwise also, there are concurrent findings of fact against the petitioner that he is in unauthorized occupation over Government land and there is no evidence on record to show that petitioner had any semblance of any right, title or interest over the subject land.