KRIPAL SINGH Vs. DISTRICT JUDGE NAINITAL

JUDGEMENT

(1.) -

(2.) PETITIONER Kripal Singh has filed this writ petition challenging the order of the Prescribed Authority, Kashipur, district Nainital. dated 2-4-1977 (Annexure 3) and that of the District Judge, Nainital, dated 3-2-1978 (Annexure 4) thereby directing that the petitioner should be ejected from over plot no. 36/2 (6 bighas 4 biswas) and plot no. 42/2 (7 bighas 6 biswas) situated in village Santoshpur, Tehsil Bazpur, district Nainital.

(3.) THE learned counsel for the petitioner has virtually argued the same three points as detailed above. THEy may be conveniently formulated as under :- (1) THE notice (Annexure 1) itself is invalid and should be quashed. (2) THE provisions of the Act are not attracted to the facts of the case. (3) THE judgment of the Prescribed Authority was contrary to the mandate of Section 5 inasmuch as he has not dealt with any of the points raised before him. That being so, the order of the Appellate Authority is also bad which has only upheld the judgment of the Prescribed Authority.