LALLU RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner challenges an order of eviction dated 28.12.1989 passed by the Prescribed Authority under Section 5 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as 'the Act') in respect of five muthis land of Khata No. 54 plot No. 26 and Khata No. 150 plot No. 27 situate, in village Lohaghat, Tehsil Champawat, District Pithoragarh in the State of Uttar Pradesh and an order dated 21.5.1990 passed by the District Judge, Pithoragarh whereby the petitioner's Miscellaneous Civil Appeal No. 7 of 1990 against the aforementioned order has been dismissed. Counter affidavit has been filed.

(2.) THE petitioner has admittedly constructed a house on the disputed land having allegedly acquired the same from one Dhanpal. He was proceeded against by the State under the aforesaid Act on the ground that the property belonged to the State and the possession of the petitioner was unauthorised. The Prescribed Authority ordered the eviction holding that the property on which he had constructed the house belonged to the State and the petitioner's appeal as aforesaid has been dismissed.

(3.) SECTION 4(2)(b) of the Act requires notice to be served on all persons who may be in occupation of, or claim interest in the public premises and it was necessary in the present case to issue notice to the said Dhanpal or his successor in -interest. For the above reasons, the order of eviction cannot be sustained. The writ petition is allowed and the eviction order dated 28.12.1989 is hereby quashed. The matter is remanded back to the Prescribed Authority to proceed afresh in accordance with law keeping in view the observations made above.