TAQDEER SINGH Vs. IIIRD ADDITIONAL DISTRICT JUDGE JALAUN

JUDGEMENT

(1.) Sri Taqdeer Singh (Petitioner) has filed this writ petition for quashing the order passed by the IIIrd Addl. District Judge, Jalaun at Oral, the appellate court, dated 29.9.1990. The appellate court allowed the appeal of the Municipal Board, Oral (the Board for short) against the order of the Prescribed Authority dated 24.7.1979. In proceeding under U. P. Public Premises (Eviction of Unauthorised Occupant) Act. 1972 (the Act for short). FACTS

(2.) The Board took the proceeding under the Act in respect of plot No. 802/1, area 1.75 acre (the land in dispute) for eviction of the petitioner. According to the Board, it is a cremation ground--'a public premises'. The Board further says that the petitioner is unauthorised occupant and is liable for eviction under the Act, The petitioner denied this. He claims to be in cultivatory possession of the same on the basis of a lease deed from the Zamindar.

(3.) The Prescribed Authority by its order dated 24.7.1979 held that the land in dispute appeared to be a public property and the Board has right to initiate the present proceedings as it was within the Municipal Limits, But the eviction proceedings were dismissed on the ground that the possession of the Board was not proved over the land in dispute and it was being cultivated,