GOPAL SINGH Vs. STATE OF UTTARAKHAND THROUGH COLLECTOR ALMORA, DISTRICT ALMORA, AND ANOTHER
HIGH COURT OF UTTARAKHAND
State Of Uttarakhand Through Collector Almora, District Almora, And Another
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B.S. Verma, J. -
(1.) By means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the order dated 7-9-2009 passed by respondent No.2, Prescribed Authority, Almora in Eviction Case No. 23/2007-08 State v. Gopal Singh as well as the judgment order dated 21.12.2010., passed by District Judge Almora, whereby the Eviction Appeal No. 3/2009, filed U/S 9 of U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 was dismissed.
(2.) Briefly stated the facts of the case giving rise to this petition are that Patwari Ligudata Tehsil and District Almora filed a challani report before the Prescribed Authority/S.D.O. Almora with the allegations that the petitioner Gopal Singh has illegally constructed a shop/house over plot Nos. 1027 and 1029 of non-Z.A. of Khata No. 17, the land belonging to State of Uttarakhand which is reserved for pasture (in the category 9(3) and the land is of public utility. The petitioner has taken unauthorized occupation of the said land.
(3.) On the basis of challani report, the learned Prescribed Authority issued show cause notice U/S 4(1) of U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 -hereinafter referred to as the Act. The petitioner filed his objection on 13-8-2009 and alleged therein that a recommendation was sent Sub Divisional Officer to the Collector Almora for sanction of the grant of land in favour of petitioner under Government Grant and thereafter the land was sanctioned under Government Grant by Collector Bagashwar, but neither any sanction order nor a lease in favour of petitioner has been produced before the Prescribed Authority. Therefore, treating the petitioner as unauthorized occupant over public premises the Prescribed Authority passed eviction order to evict the petitioner from the premises in question.;
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