RAJENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sarvesh Agarwal Learned Counsel for the Petitioner and Sri R.C. Arya learned Standing counsel for the State.

(2.) By way of this writ petition, the Petitioner has prayed to issue a writ in the nature of certiorari for quashing the orders dated 23 -8 -1993 and 17 -9 -1992 passed by Respondent Nos. 2 and 3 i.e. District Magistrate, Nainital and Prescribed Authority/ Sub Divisional Magistrate respectively.

(3.) Brief facts of the case are that a notice under Sec. 4 (1) of the U.P. Public Premises (Eviction of Unauthorized occupants) Act, 1992 was sent to the Petitioner stating that the Petitioner is an unauthorized occupant. The Petitioner filed objection against the said notice. The learned Sub -Divisional Magistrate passed the order on 17 -9 -1992 by which he directed the dispossession of the Petitioner from the land in dispute. Against the said order dated 17 -9 -1992, the Petitioner preferred an appeal before the District Judge. The appellate Court rejected the Petitioner appeal vide order dated 23 -8 -1993.