SHANKAR DATT Vs. STATE GOVERNMENT

JUDGEMENT

(1.) Heard Mr. Amish Tiwari, learned counsel for the petitioner and Mr. Suyash Pant, learned Standing Counsel for the State.

(2.) In this writ application, the petitioner prays for issuance of a writ of certiorari quashing the judgment and order dtd. 7/6/2007, passed by the Prescribed Authority, Ranikhet, and the Judgment and order dtd. 15/12/2010, passed by the District Judge, Almora, whereby the Prescribed Authority passed an order for eviction of the petitioner from the land in question and his appeal too was dismissed by the learned District Judge, Almora.

(3.) The piece of land, which is the bone of contention between the parties pertains to hal bandobasti khet gky cUnkscLrh [ksr la[;k 1833, [krkSuh [kkrk la[;k 17/178 classified as class 9(3)M, Uttar Pradesh Sarkar Van Panchayat. It measures an area of 11 mutthi. The Prescribed Authority found the occupation of the land in question by the petitioner to be un-authorised and objectionable and, therefore, the order for eviction. He, therefore, preferred an Appeal to the Court of learned District Judge, who also, as per the detailed Judgement passed by him dismissed the appeal. Accordingly, the orders of the Prescribed Authority was confirmed.