BRAJ BHUSHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) All substitution applications are allowed.

(2.) Proceedings under Section 4/5 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 have been initiated against the petitioner on an application made by Nagarpalika, Mainpuri to its Chairman. The proceedings were decided ex-parte under an order dated 19.9.2008 and it was held that the premises was not covered within the definition of public premises.

(3.) An application for recall was made on behalf of the State on the ground that the order has been passed without hearing the State. The land in fact was Nazul property and, therefore, public premises. This application has been allowed by the Prescribed Authority under order dated 2.3.2009 after recording a finding that the State had to be heard before recording a finding that the property in the facts of the case was not a public premises. Accordingly after setting aside the earlier order, the proceedings has restored the proceedings. It is against this order that the present writ petition has been filed .