S.D. Agarwala, J. - (1.) THIS is a petition under Article 226 of the Constitution of India.
(2.) THE proceedings for eviction were initiated in respect of a part of the road land connecting Delhi -Bareilly -Lucknow road on the Collector Buckganj side. Initially, the State of Uttar Pradesh and the Union of India, Respondent Nos. 2 and 3, filed a suit against the Petitioner in the court of Munsif, Hawaii, Bareilly, in the year 1 The U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as the Act) was promulgated. In view of Section 20(2) of the Act, the suit pending in the Court of Munsif, Hawaii, Bareilly stood transferred to the Prescribed Authority under the provision of the Act.
(3.) THE Prescribed Authority directed the Petitioner to file objections. The objections were filed. By an order dated 13th May, 1975, the Prescribed Authority dismissed the application for ejectment of the Petitioner from the land in dispute. Against the order of the Prescribed Authority dated 13th May, 1975, the State of Uttar Pradesh filed an appeal In the Court of the District Judge, Bareilly, under Section 9 of the Act, being Civil Appeal No. 524 of 1975. When the appeal was tiled, the Petitioner moved an application that no appeal was maintainable and, as such, this be decided as a preliminary point.;