JAGDISH PRASAD Vs. STATE OF UTTARAKHANDAND OTHERS

JUDGEMENT

(1.) It is not in controversy that rights of the petitioner to continue to occupy the premises in dispute was on the basis of the grant, which was executed in his favour on 8th April, 1981 by the State Government, while exercising its powers under the Government Grants Act, hence, in view of the provisions contained under U.P. Amendment as made therein, under Section 2 and 3 of the Act, granting him a right to enjoy the property lying in plot No. 1971, which is now a subject matter of consideration in the writ petition as of now in the proceedings initiated under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972, (hereinafter to be referred as "U.P. Act of 1972"). Clause 7 of the grant, as executed in favour of the present petitioner has restricted his rights of enjoyment of property allotted subject to an action to be taken by invoking the provisions contained under the U.P. Act of 1972. Clause 7 reads as under :-

(2.) When a grant is executed in favour of a lease holder, in pursuance to the said grant as executed under the Central Act, that would be exclusively governed by the provisions contained under Section 3 of the Government Grants Act, which itself stipulates that a grant given under the said Act would be governed by the provisions and the restrictions as contained along with the limitation, which has been imposed in terms of the covonents of the grant itself and that could very well be specified by the U.P. Amendments, which has been made under Sections 2 and 3 of Principal Act of 1895, which is quoted hereunder :-

(3.) It is not in controversy that the grant thus issued in favour of the petitioner as back as on 8th April, 1981, stood cancelled by the decision of the State, which was made subject matter of challenge in a Writ Petition No. 508 of 1986, Jagdish Prasad Vs. State of Uttarakhand, at the behest of the petitioner and, consequently, the said Writ Petition where a challenge was given to the cancellation of the order has attained the finality with the dismissal of the Writ Petition by the judgment of Allahabad High Court dated 28th April, 1995. Meaning thereby, consequently, rights thus limited by grant dated 08.04.1981 stood exhausted with its cancellation, subsequently by dismissal of Writ Petition on 28.04.1995.