Ram Surat Ram (Maurya), J. - (1.) Heard Sri Ravi Kant, Senior Advocate, assisted by Sri Anupam Laloriya for the petitioners, Assistant Solicitor General of India, assisted by Sri Pramod Kumar Singh for Union of India and Sri Shashwat Kishore Chaturvedi for Cantonment Baord, Jhansi.
(2.) This writ petition has been filed against the orders of Prescribed Authority, dated 20.03.2009, directing for ejectment of the petitioners, from the building situated on Survey No. 177, Sadar Bazar, Jhansi Cantt., Jhansi and Additional District Judge, dated 23.12.2017, dismissing the appeal of the petitioners and consequent notice dated 20.1.2018, issued for their ejectment, in the proceeding under Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the Act).
(3.) Estate Officer, Jhansi Cantt. (respondent-2) (hereinafter referred to as the Prescribed Authority) issued notice dated 26.11.1974, for ejectment of Vijay Kumar Gupta under Section 4 of the Act, from the building situated on Survey No. 177, Sadar Bazar, Jhansi Cantt., Jhansi. Vijay Kumar Gupta failed to give any reply as such Prescribed Authority passed an exparte order dated 04.03.1975, for ejectment. Vijay Kumar Gupta filed an appeal (registered as Misc. Civil Appeal No. 45 of 1975), which was allowed, by the order of District Judge dated 16.03.1979 and the matter was remanded to Prescribed Authority to give an opportunity of hearing and pass fresh order. After remand, Prescribed Authority, by order dated 21.01.1984, directed for ejectment. Vijay Kumar Gupta filed an appeal (registered as Misc. Civil Appeal No. 10 of 1984), which was allowed by the order of Additional District Judge dated 24.11.1985 and the matter was again remanded to Prescribed Authority. Prescribed Authority by order dated 07.02.1986, directed for ejectment. Vijay Kumar Gupta filed an appeal (registered as Misc. Civil Appeal No. 28 of 1986), which was dismissed, by the order of Special Judge (E.C.) Act, dated 21.05.1988.;