V.K.SHUKLA, JJ. - (1.) Arya Samaj Armapur Estate, Kanpur Nagar through its Secretary is assailing the validity of the notice given to the petitioners wherein mention has been made that the petitioners are the occupants of the public premises, and their tenancy in question stands terminated with effect from 6th April, 2017 and it has been hoped that petitioners would hand over peaceful possession by 9th April, 2017 failing which, petitioner has been informed that proceedings would be undertaken under the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
(2.) From the side of the petitioner, Sri Yogesh Agarwala, Advocate appearing with Sri A.K. Mishra, Advocate, contended that from the premises in question, institution in question is being run wherein children are imparted instructions and for an enhancement of rent, already proceedings in question are ongoing for refixation of lease rent and premium and in this background, petitioner submits that this threat of eviction is per se bad.
(3.) Apprehension has also been expressed before us that without taking recourse to the procedure prescribed under law, by use of force, petitioners would be thrown away and the running of the institution would be impaired.;