RAMESHWAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) BY two seperate petitions, the petitioners in each of them, Rameshwar Prasad and Parmanand Kandpal, both of Ramkhet, district Almora, impugn the proceedings initiated by the Union of India under the Public Premises (Eviction of Unauthorised occupants) Act, 1971.

(2.) THE contention of both the petitioners in the writ petition are common. THEy accept that they are licensees of a very small area in Ranikhet, within the Cantonment. Rameshwar Prasad, on the area which had been licensed to him, had a kiosk, from which he carried out the trade of of selling fruits and vegetables. Parmanand Kandpal also had a kiosk from which he sold cigarettes and pan. Both the kiosks were, it is contended, temporary wooden structures near the bus stand of Kumaun Motor Union Limited (K. M.U.L.) at Sadar Bazar. THEre is no issue on facts that both the petitioners were licensees upon a licence granted by the Cantonment Board, Ranikhet, which licence was issued under section 210 of the Cantonment Board Act. 1924.

(3.) FURTHER, the petitioners received a notice on 22 September, 1992 (Annexure-11 to the writ petition) from the Station Headquaeters, Ranikhet, under sub-section (2) of Section 5-A, of the aforesaid Act, requiring them to vacate the defence land within fifteen days, failing which unauthorised occupation would be removed.