Sanjay Harkauli, J. - (1.) The petitioner has filed this petition praying for a writ of certiorari to quash the impugned notice dated 29.03.2008 (Annexure 2) issued by the opposite party no.3 as well as the appellate order dated 07.09.2009 (Annexure 1) passed by the opposite party no.1 in Appeal No.43 of 2008 and also a writ of mandamus commanding the opposite parties not to demolish the constructions of Out House of Bungalow No.1, Lajpat Rai Marg, Lucknow Cantt. under occupation of the petitioner as a tenant.
(2.) Briefly stated the case of the petitioner is that the petitioner is a tenant of Out House of Bugalow No.1, Lajpat Rai Marg, Cantonment Road, Lucknow for the last about 18 years. In support thereof, the petitioner has annexed rent receipt dated 02.10.1991 (Annexure 3), electricity bill from 10.01.1997 to 15.07.1997 (Annexure 4) and telephone bill dated 04.07.2009 (Annexure 6).
(3.) According to the petitioner, he was occupying the building in question for the last 18 years and has made no erection or re-erection to the same and the building in question, in its present shape, is in existence for the last 18 years. The petitioner was issued a notice under section 248(1) of the Cantonment Act, 2006 which is extracted as hereunder: JUDGEMENT_381_LAWS(ALL)11_2017_1.html JUDGEMENT_381_LAWS(ALL)11_2017_2.html JUDGEMENT_381_LAWS(ALL)11_2017_3.html JUDGEMENT_381_LAWS(ALL)11_2017_1.html JUDGEMENT_381_LAWS(ALL)11_2017_2.html JUDGEMENT_381_LAWS(ALL)11_2017_3.html ;