JAT SINGH Vs. STATE AND ORS.

JUDGEMENT

(1.) BY the present writ petition the petitioner has prayed for a writ of certiorari for quashing the order dated 12,10.1990 passed by the District Judge, Tehri Garhwal. Briefly stated facts of the case are that the proceeding under section 4 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 was initiated against the petitioner. Petitioner filed the objection stating that the pucca house has been constructed. The Prescribed Authority passed the eviction order on 9.2.1989. Petitioner went in appeal. Before the Appellate Court, it was argued that it being agricultural land, the same is not covered under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972. No finding has been recorded on this issue. Learned Counsel for the petitioner has relied upon the Baldeo Raj v. State of U.P., 1985 (11) ALR 102 (SC) wherein it has been recorded that definition as amended excludes "the land vested in or entrusted to the management of a Gaon Sabha or any other local authority under any law relating to land tenures" and as such the Court has observed that proceedings under section 120B may be initiated by the Gaon Sabha, to evict such persons on proceeding being initiated as envisaged therein. In order to avoid a conflict of jurisdiction arising between the powers conferred under that Act and the power under the Act, referred to above, the definition given to the expression 'public premises' has deliberately excluded from its purview, land vesting in the Gaon Sabhas or some other local authority for which provisions exists in law relating to land tenures.

(2.) SIMILAR view has been taken by the Uttaranchal High Court in the case of 'Harish Chandra v. State of U.P., 2002 (1) E.L.C. 508 (H.C.) and it has been observed as under: