- (1.) Heard Sri S.C. Tripathi, learned Counsel for the Petitioner and learned standing counsel for the Respondents.
(2.) This writ petition is directed against order passed by the authority/court below setting aside an order through which application of Respondent No. 2 Construction Division, Kanpur filed against the Petitioner under Section 4/7 of U.P. Public Premises Eviction of unauthorised occupation Act 1972, hereinafter, referred to as 'the Act' was dismissed in default. Initially application under Section 4/7 of the Act was filed against the Petitioner on 6.11.1979 copy of the application is Annexure 1 to the writ petition. The allegation against the Petitioner was that he had encroached upon road side land/Patari abutting G.T. Road admeasuring 357 sq. meter. The illegal occupation was alleged since or about 04.03.1973. Damages were also claimed.
(3.) Petitioner claims his title over the land in dispute since the time of his ancestors. In para 4 of the writ petition it is mentioned that Petitioner has been Pradhan of the village where land in dispute is situate for 20 years. It has been alleged in para 5(9) of the writ petition (added through amendment) that the Petitioner has got his residential house over the disputed land.;