MANARAWATI Vs. CITY MAGISTRATE JAUNPUR

JUDGEMENT

(1.) D. K. Seth, J. The order dated 30-11-1983 passed by the City Magis trate (Prescribed Authority), Jaunpur, in a proceedings under Sections 4 and 5 of U. P. Public Premises (Eviction of Unauthorised Occupant) Act, 1972 (hereinafter referred to as the 'act') in respect of House No. 34 and 34/1 (subsequently renumbered as House No. 40) is under challenge in this writ petition.

(2.) THE petitioner's case in brief was that a notice under Section 4 (1) of the said Act was issued to the petitioner on 16-1-1976 by the respondent No. 3. THE proceeding initiated thereupon continued before the respondent No. 4 for some time. By an order dated 5-4-1980 the respondent No. 4 had dismissed the proceeding for default, since none of the parties were present, on 22-4-1981 an application for restoration was filed on the ground that the District Government Counsel (Civil), Jaunpur, who was conducting the cases had no notice of the date fixed and ha was also not aware of the order so passed. During the pendency of the said application 12-4-1981 the respon dent No. 1, was appointed prescribed authority, who by order dated 2-5-1983 dismissed the restoration application dated 22-4-1981 for default. Oa 4th May, 1983 another application was made for recalling the order, dated 2-5-1983 as well as the order dated 5-4-1980 on the ground that ths District Government Counsel (Civil), who was busy in the civil court when came to attend the present proceeding on 2nd May, 1983, found that the same was already dismis sed for default. In the meantime on 31st October, 1983 the respondent No. 3 filed an application that the petitioner herein had been making construction and prayed for an order restraining the petitioner herein from making any construction. By an order dated 1st November, 1983 the respondent No. 1 restrained the petitioner from making any construction on the disputed pro perty. THEreafter on 28th November, 1983 the petitioner filed his objection to the application dated 4th May, 1983 raising various points. By an order dated 30th November, 1983 the respondent No. 1 allowed the said appli cation dated 4th May, 1983 and had also set aside the order dated 5th April, 1980.

(3.) A proceeding under the said Act is initiated by issue of notice to show cause under Section 4 (1) of the said Act with the contents as specified in sub-section (2) thereof. Such notice is to be served in the manner at provided in the Code of Civil Procedure in term of sub-section (3) of Section 4 of the Act. Sub- section (5) lays down that after considering the cause, if shown and the evidence produced and after giving opportunity of hearing to the person, if the Prescribed Authority is satisfied that the public premises are in unauthorised occupation, he may make an order of eviction of the person, in unauthorised occupation. For the purposes of holding inquiry the prescribed Authority under Section 8 of the said Act is vested with some of the power of a civil court relating to summoning and enforcing the attendance of the witnesses, discovery and production of documents and such other matter as may be prescribed. Section 15 of the said Act bars civil court's jurisdiction while Section 18 empowers the Government to make Rules.