BALU SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This writ petition is directed against the order dated 13.02.2007 passed by the District Judge, Churu in appeal preferred by the petitioner under the Provisions of Rajasthan Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1971.

(2.) It is contended by the learned counsel for the petitioner that the non-petitioners were alloted land measuring 1695.75 sq. mt. Hence if the petitioner is occupying the land out of the land so alloted to the non-petitioner then the order of the eviction can be passed. Learned counsel for the petitioner even contended that if the petitioner, is occupying the land which has otherwise been alloted to the non-petitioner he is ready to vacate the premises only to the extent of making the total land area of non-petitioner to be 6955.75 sq. mt. and beyond that the respondents non2 petitioners have no right to seek eviction. It is further contended that litigation in regard to same land was agitated by the petitioner against the Municipal Board by maintaining a suit.

(3.) Learned counsel for the respondents submits that so far as the order impugned is concerned, it pertains to the area so alloted to the non-petitioners and beyond that there exist no order of eviction of the petitioner hence the writ petition is preferred only on presumptions.