JAI PRAKASH MAURYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri T.A. Khan, learned Senior Counsel appearing on behalf of the petitioner, Sri C.S. Rawat, learned Additional Chief Standing Counsel for the State of Uttarakhand, and Sri Kartikey Hari Gupta, learned counsel for the fourth respondent and, with their consent, the writ petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a mandamus directing the respondents not to evict him from the shop in his possession, except upon initiating proceedings under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (for short the '1972 Act').

(3.) The petitioner's case, in short, is that his predecessor was in possession of the subject land for several years; there was no pond on the subject land; a notice was issued to him, under the 1972 Act, on 01.07.1991; proceedings were initiated under Section 4 of the 1972 Act, for his eviction; the prescribed authority had, by its order dated 31.05.1993, directed eviction of the petitioner; aggrieved thereby, the petitioner had preferred Eviction Appeal No. 192 of 1993; the District Judge had, by his order dated 28.09.1996, set aside the order of the prescribed authority, granting liberty to the State to file fresh eviction proceedings; the order of the learned District Judge dated 28.09.1996 has not been subjected to challenge so far; the petitioner was sanctioned a site-plan to raise construction in 1991; and he has been paying house tax regularly.