A. N. Varma, J. - (1.) THROUGH the instant writ petition under Article 227 of the Constitution of India, the petitioner has prayed for quashing of the entire proceedings pending before the opposite party No. 1, the same having been initiated by the opposite party No. 3 under Section 4 (1) of the U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter to be referred as 'Act'). A further relief has also been prayed for quashing of the plaint, copy of which has been annexed as Annexure-1 and notice under Section 4 (1), copy of which has been filed as Annexure-2.
(2.) THE opposite party No. 3 initiated the proceedings under Section 4 (1) of the Act against 25 persons. THE petitioners before this Court are amongst the said 25 persons. THE opposite party No. 1 on 16.12.2003 vide Annexure-3 directed the case to be registered and also issued notices to the aforesaid persons. I have heard the learned counsel for the petitioner, Shri Mustaq Siddiqui, as well as the learned standing counsel and Sri D. K. Tripathi, who has put in appearance on behalf of the opposite party No. 3, at some length. The submission of the learned counsel for the petitioners is that the order impugned, directing the notices to be issued to the petitioners as well as other persons indicated in Annexure-1, is on the face of it bad and suffers from manifest error. His submission is that copy of the plaint mentions about a list which is not on record. His further submission is that number of plots have also not been indicated in the plaint, nor the area has been shown, upon which the encroachment is said to have been made. His argument further is that no amount of damages has been indicated which is said to be claimed on account of encroachment made on the land. According to him the proceedings are totally without jurisdiction and cannot continue before the opposite party No. 1. A complaint was also lodged before the Lok Ayukt, U. P., whereupon it was directed that demarcation of the plots be made and proceedings be initiated after any encroachments are found. Pursuant to the said direction from the office of the Lok Ayukt, the demarcation, etc. were made. The submission is that despite the fact that there being no encroachments made by the petitioners, the issuance of notice is bad.
(3.) THE word "premises" under the Act as defined in Section 2 (b) means any land (including any forest land or trees standing thereon, or covered by water, or a road maintained by the State Government or land appurtenant to such road) or any building or part of a building and includes : (i) the garden, grounds, and out-houses, if any, appertaining to such building or part of a building, and (ii) any fittings or fixtures affixed to or any furniture supplied with such building or part of a building for the more beneficial enjoyment thereof. Section 4 (1) of the Act postulates that if the prescribed authority, either on its own motion, or upon an application or a report received on behalf of the State Government or the Corporate Authority, is of the opinion that any person is in unauthorised occupation of any public premises and that they are to be evicted the prescribed authority shall issue notices calling upon such persons as to why an order of eviction be not passed against them.;