Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition was dismissed on merits as well as for non prosecution on 27.08.1997 noting that illness slip had been filed but it was not applicable in old case. The said order was set aside and writ petition was restored through order dated 01.09.2010. Learned Counsel for the Petitioner has placed on record a judgment given by me on 21.09.2006 in writ petition No. 5637 of 1984, Mahalaxmi Trading Corporation v. State of U.P. and Ors. and has prayed for disposal of this writ petition also on the same terms and conditions.
(3.) PETITIONERS were allotted plot bearing No. D -2 in Industrial Estate, Jhansi by Director of Industries and possession was delivered to them in 1966. Petitioners were required to execute higher purchase agreement and lease deed. Petitioners alleged that they supplied requisite documents and amount but Director of Industries did not execute the deeds. On the other hand, according to the Director of Industries Petitioners were at fault and requirements were not fulfilled by them. Consequently the Director of Industries initiated proceedings for eviction and recovery of damages against the Petitioners under U.P. Public Premises Eviction of Unauthorized Occupants Act (U.P. Act No. 22 of 1972) before Prescribed Authority/Sub Divisional Officer, Jhansi in the form of case No. 2 of 1973 -74. The Prescribed Authority decided the matter against the Petitioners on 31.07.1975 (copy of the judgment is Annexure -A -2 to the writ petition) Prescribed Authority held that as Petitioners had not paid Rs. 6,875.50/ - by 18.02.1972 hence allotment of the plot was rightly cancelled by the Director. Through, the said order eviction of the Petitioners was directed and damages of Rs. 5920/ - up till 18.04.1973 and future damages at the rate of Rs. 74/ - per month were also awarded. Against the said order Petitioners filed Misc. Civil Appeal No. 196 of 1975. II Additional District Judge, Jhansi dismissed the appeal on 16.01.1978 hence this writ petition.;