AZIM ILAHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has filed the present writ petition before this Court aggrieved by the orders by the Prescribed Authority passed under Section 4 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (from hereinafter referred to as 'Act') wherein it has been declared that the petitioner is an unauthorized occupant of public premises and he has thus been ordered to be evicted, as well as by order in appeal under Section 9 of Act (before the learned District Judge Nainital), which was been dismissed. Hence, the present writ petition.

(2.) Brief facts of the case are as follows:-

(3.) There are various grounds of challenge to the aforesaid two orders. The petitioner rests his claim on ground that the premises in question is neither a "public premises" nor is he an "unauthorized occupant", as defined under the Act. We will deal with the definition of both the "Public Premises" as well as the "Unauthorized Occupant", which is given under the Act later but presently what is necessary to state at this juncture is that another grounds of challenge of the two orders by the petitioner is that the suit for permanent injunction was filed way back in the year 1985 being Civil Suit No. 59 of 1985 before the court of Civil Judge (J.D.), Haldwani, District Nainital by one Moti Ram, who claims certain tenure rights over the property, as he was being evicted by the State authorities. He had filed a suit for permanent injunction against the Nagar Palika, Haldwani as well as State authorities. In that suit there is undoubtedly a finding that Shri Moti Ram is not an unauthorized occupant of the property, in fact, he is legally occupying the property. There is also a finding that the State Government or the Nagar Palika are presently not in possession of the property concerned, and on this ground suit was decreed observing that in case the State authorities have a claim on the property, they are always at liberty to proceed under Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act.