SMT. DEEPIKA SINGH Vs. ZILA PANCHAYAT, BULANDSHAHR AND ANOTHER
LAWS(ALL)-2016-5-91
HIGH COURT OF ALLAHABAD
Decided on May 06,2016

Smt. Deepika Singh Appellant
VERSUS
Zila Panchayat, Bulandshahr And Another Respondents

JUDGEMENT

- (1.) All the three writ petitions have identical facts and involve a common question of law as to the officer competent to act as a Prescribed Authority under Section 3 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (in short 'Act').
(2.) Since the question raised in all the three writ petitions was purely legal in nature, Standing Counsel and counsel for respondent No.1 were given time to obtain instructions and, if necessary, to file counter affidavit. The respondents have chosen not to file counter affidavit and have produced various notifications issued by the Governor of U.P. in exercise of powers under Section 3 of the Act in order to get the petitions decided at the stage of admission.
(3.) The petitioners are facing proceedings for their eviction from the disputed premises which belong to and are owned by Zila Panchayat, Bulandshahr before the City Magistrate under the provisions of the Act. The objection of the petitioners that the City Magistrate has no jurisdiction to act as a Prescribed Authority under the Act and, therefore, the proceedings before him are without jurisdiction has been rejected by the orders impugned in the petitions.;


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