BINOD KUMAR CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the parties. The notice dated 15.1.2013, under Section 4 (1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and the order dated 31.01.2013 passed under Section 5(1) of the said Act, directing the petitioner to vacate the lands in question are under chal- lenge in this writ petition.

(2.) The grounds for challenge primarily are that the petitioner is a lawful purchaser of the said land devolved upon him through the original raiyat Ram Kumar Lal and Munna Lal and purchased by him in the year 2005 through registered sale deed, copy of khatian is annexed at Annexure-2.

(3.) The petitioner assails the notice and order on the ground that they do not contain description of the lands said to be encroached by the petitioner and the impugned order at Annexure - 4 has been passed in a summary manner, is also vague, so far as description of the lands alleged to be encroached by the petitioner is concerned. It is further submitted by learned counsel appearing on behalf of the petitioner that in similar circumstances, this Court interfered in exercise of such powers by the respondents in W.P. (C). No. 3836 of 2012 vide order dated 2nd August, 2012 as also in W.P. (C). No. 798 of 2013 vide order dated 13th February, 2013 and another analogous cases decided on 14.02.2013. Learned counsel for the petitioner, therefore, submits that despite being the rightful owner of lands in question,which he was purchased from the previous vendor, vide Annexure- 1, petitioner is being forced to be evicted on the basis of such notice as well as order which are vague and non speaking and without taking into account the contention of the petitioner.