KALURAM Vs. ADITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) The petitioner has sought the quashing of the order dated 21st May, 2007 passed by the District Magistrate, Bijnor as Prescribed Authority for eviction of the petitioner from the premises in dispute under the provisions of The Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as the 'Act'). The petitioner has also sought the quashing of the order dated 21st March, 2009 by which the appeal filed by him for setting aside the aforesaid order was dismissed.

(2.) The sole contention advanced by Sri R.K. Shukla, learned counsel for the petitioner is that the District Magistrate had no jurisdiction to decide the matter as the Prescribed Authority under the Act as the State Government had appointed the Additional District Magistrates as the Prescribed Authority under Section 3 of the Act by the Notification dated 31st August, 1974. Learned counsel for the petitioner has also placed reliance upon the judgment, rendered in another appeal wherein the same submission had been accepted by the Court in Civil Appeal No. 93 of 2007 (Rajesh Kumar v. Executive Engineer, Shivir Praband Khand, Kalabagh district Bijnor) decided on decided on 16th May, 2008.

(3.) On 23rd October, 2009, time was granted to the learned Standing Counsel to file a counter-affidavit within four weeks but no counter-affidavit has been filed till date.