RAJA RAM Vs. STATE OF U P

JUDGEMENT

(1.) In both the aforesaid Writ Petitions, subject-matter of the dispute as well as parties are common and both may be disposed of by a common judgment

(2.) Sri B.R. Singh has appeared in both the Writ Petitions for Nagar Palika and the rest of the Respondents are represented by learned standing Counsel and learned Counsel for the Petitioners as well as learned Counsel for the Respondents are agreed that both the aforesaid Writ Petitions may be disposed of finally at this stage.

(3.) Facts giving rise to Writ Petition No. 14386 of 1990, here-in-after referred to as 'First Petition', are that the Petitioners were served with a notice under Section 4/5/7 of U.P. Public Premises (Eviction of Unauthorised-Occupants) Act, 1972, here-in-after referred to as 'Act' to show cause as to why Petitioners may not be dispossessed from the plots in dispute which belong to Respondent No. 4 Nagar Palika, Mainpuri. The proceeding were initiated on the application of Respondent No. 4.which was numbered as 6 of 1986 before the Prescribed Authority. Prescribed Authority after hearing parties by order dated 26th April, 1986 directed the ejectment of the Petitioners and also imposed damages at the rate of Rs. 2,000 per year for years 1955 onwards as directed by this Court on 14th November, 1967. It appears that there was a dispute of title also between Petitioners and Respondent no, 4 which was finally concluded in Second Appeal No. 174 of 1965 decided on 29th November, 1971 wherein it was found that Nagar Palika is owner of the plots in dispute and possession of Petitioners was found to be unauthorised. Aggrieved by the order of the Prescribed Authority, Mainpuri Petitioners filed Misc. Civil Appeal No. 123 of 1986 in the Court of District Judge, Mainpuri in which by order dated 25th June, 1986 by the then District Judge, stayed the enforcement of the order passed by Prescribed Authority.