DIGAMBER PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioners have filed this writ petition, seeking the indulgence of this Court for a direction to the Prescribed Authority, Gairsain, District Chamoli to decide the Case No.7 of 2023, State vs. Digamber Prasad and anothers, pending before him, under Sec. 4/5 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 within a stipulated time.

(2.) Heard learned counsel for the parties.

(3.) The facts of the case are that petitioners were challaned under the provisions of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 in the year 2008 and the challan report was submitted before the Prescribed Authority, Gairsain, Chamoli and a Case No.02 of 2008, State vs. Digamber Prasad and another, under Sec. 4/5 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 was registered against the petitioners. The said proceedings were culminated into eviction of the petitioners from the property in-question vide order dtd. 11/10/2012. Thereafter, petitioners challenged the said eviction order by filing a Misc. Civil Appeal No.27 of 2012, Digamber Prasad and another vs. State of Uttarakhand, which was allowed vide judgment and order dtd. 28/5/2015, whereby the eviction order dtd. 11/10/2012 was quashed and the matter was remanded back to the Prescribed Authority, Gairsain, District Chamoli to re-hear the matter. After remand, the matter was heard by the Prescribed Authority, Gairsain and the said proceedings were resulted into again, eviction of the petitioner from the property in-question by reason of a judgment and order dtd. 3/5/2018. The said order was again challenged by filing a Misc. Civil Appeal No.5 of 2019, Digamber Prasad and another vs. State of Uttarakhand, which was decided on 20/7/2023 and again the matter was remanded to decide the matter in view of the observations made by the appellate court in its earlier order dtd. 28/5/2015 and the said proceedings shall be concluded within a period of one month from the date of passing of the order dtd. 20/7/2023. Petitioners are now aggrieved by the fact that since the appellate court has directed the Prescribed Authority to decide the said proceedings within a period of one month from the date of passing of the order dtd. 20/7/2023, but till date, the said matter has not been decided.