LAWS(UTN)-2004-9-21

BACHE SINGH Vs. DISTRICT JUDGE

Decided On September 15, 2004
Bache Singh Appellant
V/S
DISTRICT JUDGE Respondents

JUDGEMENT

(1.) HEARD Sh. J.C. Joshi learned Counsel for the petitioner and Standing Counsel for the respondents.

(2.) BY the present writ petition the petitioner has prayed for a writ, order or direction in the nature of certiorari quashing the impugned orders dated 30.6.1987 and 9.5.1988.

(3.) THE petitioner has submitted that he constructed this house for rental purposes and has invested all his funds for raising his livelihood. The notice was sent under Section 4 (1) of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act 1972. The petitioner has replied the said notice by stating that he has constructed the house over his own land and has constructed the same with the permission of Sub -Divisional Magistrate Ranikhet. The Prescribed Authority vide order dated 30.6.1987 passed the order under Section 5 of the U.P. Public Premises (Eviction of Un -authorised Occupants) Act 1972 and has also imposed Rs. 400.00 for damages. Aggrieved by the aforesaid order the petitioner went in appeal, which was also dismissed on 9.5.1988.