Decided on June 27,2013

Municipal Board, Haldwani Appellant
I Additional District Judge, Nainital Respondents


HONBLE B.S.VERMA, J. - (1.) MR . Ashish Joshi, learned counsel for the petitioner no.1, Mr. A.S. Rawat, learned Addl. Advocate General assisted by Mr. Rajesh Sharma, learned Brief Holder for the State and Mr. J.C. Pandey, learned counsel for the respondent nos.2 to 5.
(2.) LEARNED counsel for respondent nos.2 to 5 files supplementary affidavit in the Court. The same is taken on record.
(3.) BY means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the judgment and order dated 23.8.1985 passed by I Addl. District Judge, Nainital (Annexure -3 to the writ petition), whereby the judgment and order of the Prescribed Authority dated 25.7.1985 has been set aside. Brief facts of the case are that Prescribed Authority Haldwani, District Nainital issued a notice under Section 4 of Act No.22 of 1972 on 4.6.1981 to Sri Padma Datt, Kailash Chandra Upreti, Navin Chandra sons of Sri Raghubar Datt and Km. Shanti Devi daughter of Sri Raghubar Datt, on the grounds on which the order of eviction was proposed by the Prescribed Authority Haldwani in respect of property specified therein initially taken as plot nos.319 co -relating to plot nos.16, 17, 18, 22 and 39 located at Haldwani Khas Haldwani, District Nainital. Against the said notice, above four persons filed their objections. Learned Prescribed Authority, after considering the objections and hearing the parties, passed the judgment and order ordering eviction of the above persons as unauthorised occupants. During the pendency of the proceedings under Section 4/5 of Act No.22 of 1972, one of the party Km. Shanti Devi died on 21.11.1984 and allegedly she had executed a deed of will in favour of her elder sister one Smt. Chandra Kala Mishra who put appearance before the court of Prescribed Authority during these proceedings. She was also heard by the learned Prescribed Authority before passing of the judgment and order.;

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