GABBAR SINGH Vs. STATE OF U P THROUGH D M CHAMOLI
HIGH COURT OF UTTARAKHAND
State Of U P Through D M Chamoli
Click here to view full judgement.
B.S.VERMA, J. -
(1.) BY means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the judgment and order dated
18 -7 -1995, passed by Prescribed Authority Chamoli in Case No. 13 of 1994 State vs. Gabbar Singh and the order dated 22 -11 -1996 passed by District
Judge Chamoli in Misc. Civil Appeal No. 18/1995 Gabbar Singh Vs. State
Annexure Nos. 2 and 3 respectively to the writ petition.
(2.) BRIEFLY stated the facts of the case giving rise to this writ petition are that on the basis of report submitted by Patwari Chamoli
proceedings under Section 4/5 of U.P. Public Premises (Eviction of
Unauthorised Occupants) Act 1972 were initiated against the petitioner
before Prescribed Authority Chamoli. Notice U/S 4 of the Act was issued
to the petitioner. In reply the petitioner has alleged that the land in
question was given to him on lease by the State and he has raised
construction over the said land. The parties also adduced evidence before
the Prescribed Authority. The learned Prescribed Authority vide judgment
dated 18 -7 -1995 passed eviction order against the petitioner from three
Muthis land of Khasra No.2 of Village Bhu -talla, Tehsil and District
Chamoli. Aggrieved by the said order the petitioner preferred appeal
which was dismissed by the District Judge vide order dated 22 -11 -1996.
Aggrieved by the impugned orders the petitioner has preferred this writ
petition and has alleged that the Deputy Commissioner Chamoli has granted
the lease of four Muthis to the petitioner in Khasra No.2 of the
aforesaid village vide order No. 301/80 -81 in the year 1981 and the
petitioner has constructed two houses over the said leased land. It is
further pleaded that the Patwari has submitted wrong map and the challani
report has been submitted in respect of the same land of which the
petitioner has been granted lease. It is further alleged that the Patwari
with the collision of Mansa Ram and Badri Prasad submitted the challani
report of the same land which was granted to him.
(3.) COUNTER affidavit has been filed on behalf of the State. In the counter affidavit it has been pleaded that the petitioner has not
constructed the house on the land sanctioned to him on lease but he has
constructed the house on three Muthis excess land of the State and the
eviction order has rightly been passed against him.
Rejoinder affidavit has also been filed by the petitioner and alleged that the construction has been made by the petitioner on the
leased land and no encroachment has been made on the some other
Government land. It is further alleged that the Patwari has submitted
wrong challani report with collusion of some village people and the
learned Prescribed Authority without verifying the true record has simply
relied on the challani report and on the basis of wrong report and map
the petitioner cannot be evicted from the house raised by him on the land
granted to him on lease.;
Copyright © Regent Computronics Pvt.Ltd.