SMT. CHITRAKALA Vs. DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) HEARD Sri L.K. Tiwari, Advocate for the petitioner and Sri R.C. Tiwari and Miss Seema Sirohi for the respondents. By the present writ petition the petitioner has prayed for the issue of a writ of certiorari quashing the order dated 29.3.2004, Annexure -2 to the writ petition.

(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the Prescribed Authority, Dehradun has passed the order of eviction against the petitioner under Public Premises (Eviction of the Unauthorised Occupants) Act, 1971 (hereinafter called the Act) from the premises in dispute. The petitioner has preferred an appeal before the District Judge, Dehradun on 28.6.2004 and the same is still pending. The apprehension of the petitioner is that his building shall be demolished as no stay order has been passed in the appeal. Sub -section (3) of section 9 of the Act, provides as under:

(3.) IN view of sub -section (3) of section 9 of the Act, the Appellate Court has power to grant interim stay in the appeal. The Act provides hearing before orders of eviction are passed under section 5 of the Act.