SANJAY KUMAR Vs. ESTATE OFFICER, CANTONMENT BOARD

JUDGEMENT

(1.) Prayer in this writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside the order dtd. 17/8/2015 (Annexure P-5), passed by Estate Officer, Cantonment Board, Jalandhar Cantt., whereby the petitioner has been ordered to be evicted from Shop No. 1 (P), situated at Mohalla No. 5, Jalandhar Cantt.

(2.) Briefly, a notice dtd. 18/11/2014 (Annexure P-3) under Sub-sec. (2) of Sec. 5-A of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (in short '1971 Act') was issued to petitioner-Sanjay Kumar; stating therein that the Government land measuring 7'-2' x 5'-6' bearing Survey No. 283/2512, classified as Class B-4 land (hereinafter referred to as 'public premises') had been encroached upon by the petitioner by constructing a shop with rolling shutter on the ground floor; without the permission of the competent authority and also that the building had been erected in contravention of the provisions of Sub-sec. (1) of Sec. 5-A of 1971 Act, accordingly, the petitioner was called upon to remove the said building on the above referred public premises. In the aforesaid notice dtd. 18/11/2014 (Annexure P-3), the property in question is described as under :-

(3.) In the aforementioned circumstances, the petitioner has filed the instant civil writ petition before this Court, for the relief(s), as noticed hereinabove.