BABBOO KHAN Vs. DISTRICT JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Shri Nazar Bokhari for the respondents.

(2.) BY means of this writ petition, petitioner has challenged the order passed under Section 4 of U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 in Case No. 20 of 1984 P.S- Kotwali, District-Rampur dated 7th May, 1984. whereby the prescribed authority after hearing the petitioner and State has passed the order of eviction of the petitioner from the premises in question, which is admittedly a public premises. In appeal the appellate authority affirmed the findings of the prescribed authority and directed for eviction of the petitioner from the premises in question.

(3.) LEARNED counsel for the petitioner relied upon a decision of Division Bench of this Court reported in 1984 All. L.J. page 1022; Bikarama Versus IV Additional District Judge. Varanasi and others. Para 7 and 8 on which learned counsel has placed reliance are quoted below: