SURAJ PANWAR Vs. UTTARAKHAND SOLDIER REHAB. OFFICER

JUDGEMENT

(1.) By means of this petition, petitioner has raised a challenge to the judgment and order dtd. 16/10/2023 passed by the District Judge, Pauri Garhwal in Misc. Civil Appeal No.35 of 2021 (U.K. Solider Rehab. Officer v. Bhagwan Singh Panwar and another).

(2.) Heard learned counsel for the parties.

(3.) Facts of the case are that an application was filed by Bhagwan Singh Panwar under Rule 10 r/w Rule 12 of the Uttarakhand/U.P. Public Premises (Eviction of Un-authorized Occupants) Rules, 1973, wherein, he prayed that the order dtd. 29/5/2017 passed by the Court u/s 4/5 of the Uttarakhand/U.P. Public Premises (Eviction of Un-authorized Occupants) Act, 1972 (to be referred as 'the Act' for brevity sake) in Case No.5 of 2013, State. V. Bhagwan Singh, may be set aside, whereby the case was dismissed in default of respondent no.1. The said application was rejected by the Prescribed Authority vide order dtd. 6/8/2020 on the ground that the application was filed with delay of 2 years and 9 months, but no plausible explanation for delay was offered. Assailing the order dtd. 6/8/2020, an appeal was carried. Vide judgment dtd. 16/10/2023 passed by the District Judge, Pauri Garhwal, the appeal was allowed with costs of Rs.2,000.00 to be deposited with the District Legal Services Authority, Pauri, and at the same time, the order dtd. 6/8/2020 was set aside, and the matter was restored to its number with the direction to the Prescribed Authority to decide the same on its merits. Assailing the said order, present petition is filed before this Court.