VIMAL PRASAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petition filed under Article 227 of the Constitution of India, petitioner has challenged the impugned judgment and order dtd. 28/11/2024 passed by learned Prescribed Authority/Sub Divisional Magistrate, Kotdwar, District Pauri Garhwal in P.P. Case No.40/2010 State Vs. Vimal Prasad (Annexure No.6 to the writ petition), whereby, Form 'A' notice dtd. 31/7/2010 issued against the petitioner under Sec. 4(1) read with Sec. 7 of the Uttar Pradesh Land Premises (Eviction of Unauthorized Occupants) Act, 1971, has been confirmed and he has been evicted from the government land he is in illegal possession of; as well as the impugned judgment and order dtd. 8/8/2025 passed by learned Additional District Judge, Kotdwar, Pauri Garhwal in Misc. Civil Case No.09 of 2025 Vimal Prasad Vs. State of Uttarakhand (Annexure No.7 to the writ petition), whereby, the application/paper No.3C i.e. delay condonation application filed under Sec. 5 of the Limitation Act along with the appeal, has been rejected.

(2.) The brief facts of the case are that on the basis of challani report dtd. 26/7/2010 under Sec. 4/5 P.P. Act produced by Patwari/Revenue Sub-Inspector, Patti Saneh, Tehsil Kotdwar, District Pauri Garhwal before the learned Tehsildar, Kotdwar, District Pauri Garhwal with regard to encroachment over the government land, bearing Khet/Plot No.20(ka), admeasuring 0.0670 hectare, situated at Village Lalpani Palli, Tehsil Kotdwar, District Pauri Garhwal, in which the petitioner has constructed a permanent house by blocking the public river/drainage/road; learned SDM/ Prescribed Authority, Kotdwar, District Pauri Garhwal through Tehsildar, Kotdwar issued report/notice dtd. 26/7/2010 under Sec. 5 of Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (hereinafter to be referred to as the Act) against the petitioner. From perusal of Khatauni for fasli year 1367 issued on 28/9/2018, petitioner has been in possession over the land in-question since long according to the settlement of the year 1960. On the basis of aforesaid challani report, a case under Sec. 4/5 of the Act was registered as P.P. Case No.40 of 2010 State Vs. Vimal Prasad, before the learned Prescribed Authority/SDM, Kotdwar, District Pauri Garhwal, whereby, vide order dtd. 28/11/2024, Form 'A' notice dtd. 31/7/2010 issued against the petitioner under Sec. 4(1) read with Sec. 7 of the Act, which has been affirmed and the petitioner was directed to remove the illegal possession.

(3.) Thereafter, petitioner preferred an Appeal by challenging the judgment and order dtd. 28/11/2014 before learned Additional District Judge, Kotdwar, District Pauri Garhwal. Along with the said appeal petitioner also filed an application for condonation of delay duly supported by an affidavit. The said appeal being time barred registered as Misc. Civil Case No.09 of 2025 Vimal Prasad Vs. State of Uttarakhand. The learned Appellate Court did not condone the delay and delay condonation application paper No.3C was rejected vide impugned order dtd. 8/8/2025, consequently the appeal was also dismissed. Thus, the petitioner is before this Court by challenging both the orders.