KHURSHID ALI Vs. DISTRICT JUDGE

JUDGEMENT

(1.) Challenging the orders dated 15.12.1973 and 28.5.1975 at Annexures-2 and 3 respectively to the writ petition, the petitioner came to this Court.

(2.) The factual background involved herein is that a notice was issued under Section 4 of the U. P. Public Premises (Eviction of Unauthorised Occupants) Act. 1972, in respect of the disputed land. The petitioner preferred an objection stating that he had been in continuous possession over the disputed plots for the last 25 years and he had become Sirdar of the plots in dispute and that the said land did not constitute public premises within the meaning of the relevant Act. By order dated 15.12.1973, the Prescribed Authority directed eviction and awarded damages. The appeal was dismissed on 28.5.1975. Hence, the writ petition was filed. Petitioner also filed a supplementary affidavit disclosing that on 12.9.1975, the Secretary Board of Revenue to the Government of Uttar Pradesh issued a Government Order and thereunder the petitioner was entitled to relief and accordingly an additional ground was sought to be incorporated.

(3.) The respondents filed a counter-affidavit and also a supplementary counter-affidavit. By order dated 17.4.1979, a report was called from the Prescribed Authority after enquiry. Ultimately the said report was submitted by the Prescribed Authority which was dated 28.6.1997. Thereafter the petitioner filed another supplementary affidavit along with an application dated 4.9.1997.