BIKARMA Vs. IVTH ADDITIONAL DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) BY means of this petition petitioner has assailed the validity of the proceedings started against him by the Prescribed Authority under the U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act).

(2.) THE relevant facts are that the Divisional Forest Officer Varanasi approached the Prescribed Authority under the Act on the assertion that the petitioner had illegally occupied a portion of land which has been declared under the Indian Forest Act to be a reserved forest area. THEreupon the Prescribed Authority issued a notice to the petitioner, a copy of which is Annexure 1 to the petition. THE petitioner filed objections against this notice and also adduced evidence. THE case of the petitioner was firstly that the disputed premises did not fall within the reserved forest area and secondly he was not an unauthorised occupant inasmuch as he was continuing in lawful possession over the premises for the last more than thirty years on the basis of patta.

(3.) THE petitioner is challenging the legality of the aforesaid two orders. THE petitioner contends that the entire proceedings started against the petitioner under the aforesaid Act are null and void as he was not served with a valid notice as required under section 4 of the Act as well as the Rules framed under the Act. THE petitioner also contends that the finding of the respondents. nos. 1 and 2 that the petitioner was in unauthorised occupation over the premises in question is manifestly unsustainable in law.