UNION OF INDIA Vs. FARMAN ALI

JUDGEMENT

(1.) DISPUTE between Union of India, the writ petitioner, and one Farman Ali, the first respondent, pertains to land measuring 1 Kanal 19 marl as situated in Sunjwan Complex, Jammu.

(2.) WRIT petitioners say that respondent No. 1 had encroached upon 1 Kanal 19 marlas of land comprised in Khasra No. 356 min, which led to initiation of proceedings against him under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, hereinafter referred as PP Act.

(3.) EVICTION order passed under the PP Act was initially questioned in a suit and thereafter in an appeal before the learned Additional District Judge, Jammu, the appellate officer, by the first respondent. Appeal before the appellate officer succeeded in ex parte. Application of Union of India seeking withdrawal of ex parte order and re -hearing of the appeal, filed within the prescribed period of limitation, was rejected by the appellate officer vide his order dated 27th of April 2001.