Decided on July 25,2013

General Manager, Kishan Sahkari Chini Mills Ltd Appellant
Special Judge E C Act, And Others Respondents


- (1.) By means of this writ petition, the petitioner has prayed for to issue a writ or direction in the nature of certiorari for quashing the impugned judgment and order dated 03.08.1998 passed by Assistant Collector 1st Class, Prescribed Authority in Case No. 22/321 of 1982-1983 whereby the eviction order, under Public Premises Act, has been passed against the petitioner and further the judgment and order dated 09.08.2000 passed by Special Judge, E.C. Act, Additional District Judge, Nainital in Appeal No. 20 of 1998, whereby the order of the Prescribed Authority was affirmed.
(2.) Brief facts of the case, according to the petitioner, are that the petitioner Kishan Sahkari Chini Mills Ltd (in short 'Mill') is having 90% share of the Government. The mill constructed a fertilizer godown to store manure in Village Amritpur, Tehsil Kashipur, District Udham Singh Nagar. The said godown was constructed for providing facility to the farmers on their demand. A notice under Section 4 of Public Premises Act was issued on the basis of the report of the Executive Officer, Nagar Palika dated 20.04.1983. Objection has been filed against the said notice before the Prescribed Authority/Assistant Collector 1st Class, Kashipur in said Case No. 22/321 of 1982-1983. In its objection averment has been made by the petitioner that it is not a public premises, therefore, the Public Premises Act is not applicable on the disputed premises. It has been further pleaded that the share of the State is 90% in the said society. Therefore, no proceeding can be initiated, under Public Premises Act, against the petitioner. It is further pleaded in paragraph 6 of the objection that in the year 1970, Gram Sabha of Village Amritpur has passed a resolution on 08.09.1970 for establishing the fertilizer godown to store manure for providing facility to the village farmers and this resolution has been sent to Cane Commissioner. This fact is not disputed that the land was vested with the Nagar Palika Jaspur. On the basis of the evidence available on record, the learned Assistant Collector passed the order of eviction of the petitioner holding that the Kishan Sahkari Chini Mill is unauthorized occupant in the premises in question.
(3.) Aggrieved by the order of the Prescribed Authority, the petitioner preferred an appeal, which was also dismissed vide order dated 09.08.2000. Hence this writ petition.;

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