KHAIRUN NISA Vs. IIND ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) These eight cases are writ petitions seeking a writ of certiorari impugning orders of the Estate Officer/Prescribed Authority under the U.P. Public Premises Eviction of Unauthorised Occupants Act, 1972 and, thereafter, the order in appeal of the First and Second Additional District Judge, Allahabad, challenging the order of the Estate Officer holding the petitioners as unauthorised occupants and, in effect, their eviction from Bajaja Road Patri, west of the municipal market in the city of Allahabad. The orders of the Estate Officer, dated 11-11-1976 in Writ Petition No. 5945 of 1978 and dated 23-3-1978 in the other connected writ petitions, and the orders in appeal, dated 241-1978 in the first writ petition and dated 2-91978 in connected writ petitions of the Second Additional District Judge, concerned, are common to the record and, thus, the matter was heard with common arguments on behalf of the petitioners replied on behalf of the respondents and the closing submissions on behalf of the petitioners.

(2.) The facts as have been presented in the writ petitions are not exactly correct so as to correspondent to the record of the Estate Officer and the appeal before the Additional District Judge, concerned. Thus, the Court required counsel for the parties to stick to the record of the court below as the matters are being examined on a certiorari action. The facts given by both the petitioners and the respondents are not disputed. On the location of the site occupied by the petitioners the placement indicated is common. The Nagar Mahapalika produced the original survey map of the area showing the sites the petitioners occupy.

(3.) In the old quarter of the city, immediately behind the Clock Tower, there was a municipal market. One part of the municipal market had the vegetable market and the other a hackney carriage stand. The other part towards the south had the petty shopkeepers. The vegetable market and hackney stand has given way to a new shopping complex. This is immediately behind the Clock Tower. The petitioners occupy the roadside on the west of the municipal market. The record of the proceedings of the Estate Officer or the reply of the respondents describes them on Bajaja Patri Road. Between the row of shops on the two sides of the road the petitioners are on the sidewalk. They accept that they are on the roadside, that is, the Patri. The order of the Estate Officer and the reply of the petitioners before him accepts this position and on this aspect there is no issue.