PRATAP SINGH Vs. D J ALMORA

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri B. D. Upad hyay, learned counsel for the petitioner and Sri S. D. Singh, learned Standing Counsel.

(2.) NO counter-affidavit has been filed even though time was granted on 9-11-1990.

(3.) THE orders passed by the authorities below are challenged on the grounds that the petitioner is in possession in pursuance to the allotment in his favour and that order under Section 7 imposing damages has been passed without serving a notice as required under Section 7 (3) of the Act. Learned Standing Counsel submits that there being no allotment order the petitioner is not entitled to remain in possession.