MANSAB ALI Vs. NAGAR PANCHAYAT

JUDGEMENT

(1.) The petitioner before this Court by means of the writ petition has sought a writ of mandamus commanding the respondents not to demolish the construction of his residential house.

(2.) The case of the petitioner is that he has constructed a house at on a land situated at Khasra No. 384, Mohalla Holi Landhaura, Tehsil Roorkee, District Haridwar, which earlier was a part of "Gaon Sabha" Landhaura. Thereafter the land came under the jurisdiction of Nagar Panchayat Landhaura. At the relevant time, he received a notice under Sec. 4 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972, to which he gave reply and ultimately the Prescribed Authority found the petitioner to be in unauthorised occupation and vide order dtd. 16/4/2005 passed order for his eviction. This order was challenged by the petitioner in an appeal before the District Judge, Haridwar.

(3.) The appeal of the petitioner was allowed by the learned District Judge merely on technical grounds such as that the notice which was given to the petitioner under Sec. 4 of the U.P. Public Premises (Eviction of Unauthorised Occupants), 1972 did not elaborate or disclose the land. The learned District Judge also gave a finding in favour of the petitioner that the Additional Sub Divisional Magistrate who has passed the eviction order was not the Prescribed Authority and all the proceedings are beyond his jurisdiction.