SUNNY RAINA Vs. UT OF J&K

JUDGEMENT

(1.) The appellants have preferred this Letters Patent Appeal against the judgment and order dtd. 5/7/2022 passed by the learned Single Judge dismissing the writ petition WP(C) No.140/2021 : Sunny Raina and others v. UT of J&K and others.

(2.) The learned Single Judge found the above writ petition to be devoid of merit and in dismissing it directed the respondent State authorities to take requisite steps to evict all the unauthorized occupants of the newly constructed complex at Transit Camp Vessu inasmuch as it is admitted that they have entered the public premises without any authority of law. The court permitted the unauthorized occupants including the appellants to vacate the above public premises within a week failing which the respondent State authorities would evict them by applying requisite force in a violence free manner.

(3.) It is the contention of the learned counsel for the appellants that they cannot be evicted or dispossessed from the above public premises without taking recourse to the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act.