GAINDA LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Proceedings under U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972, were initiated against petitioner by issuing a notice under Sec. 4(1) thereof. Petitioner gave reply to the notice. After hearing both sides, learned Prescribed Authority passed eviction order against petitioner on 31/1/2023.

(2.) Petitioner challenged eviction order in an Appeal filed under Sec. 9 of said Act. His Appeal was partly allowed to the extent that damage imposed by learned Prescribed Authority, upon petitioner, was waived, however, eviction order was maintained. Thus, feeling aggrieved, petitioner has filed this writ petition.

(3.) Learned counsel for petitioner submits that impugned judgment and order, passed by learned Prescribed Authority, as affirmed by Appellate Authority, are unsustainable in the eyes of law as both learned Courts below overlooked the provisions contained in Kumaun Nayabad and Waste Lands Act, 1948, which permits every tenure-holder to extend his cultivation over adjoining public land and petitioner had exercised his right available under the said Act.