JAGDISH PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) CONTROVERSY involved in all the petitions is identical, though the petitioners vary, however the defendants are same and this Court has to adhere and adjudicate upon a common question of law, therefore, common order is being passed in all the petitions. Writ Petition No. 1257 of 2011 (M/S) shall be the leading case.

(2.) ALL the petitions have been filed assailing the orders of the Appellate Courts by which orders of Prescribed Authorities under U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (hereinafter referred to as the Act) were upheld. The petitioners are challenging the validity of eviction proceedings initiated against them by the State Government under the Act.

(3.) LEARNED counsel appearing for the petitioners submitted that no proceedings under the Act could be initiated against the petitioners after the period of two years from the date of creation of State of Uttarakhand, as the Act has not been adapted by the State of Uttarakhand within stipulated period of two years, therefore, in absence of any adaptation order of State of Uttarakhand, the provisions of the Act cannot be permitted to be invoked after completion of stipulated period from cut off date i.e. 09.11.2000.