Palok Basu, J. - (1.) -
(2.) PETITIONER Kripal Singh has filed this writ petition challenging the order of the Prescribed Authority, Kashipur, district Nainital. dated 2-4-1977 (Annexure 3) and that of the District Judge, Nainital, dated 3-2-1978 (Annexure 4) thereby directing that the petitioner should be ejected from over plot no. 36/2 (6 bighas 4 biswas) and plot no. 42/2 (7 bighas 6 biswas) situated in village Santoshpur, Tehsil Bazpur, district Nainital. The short facts are that one Jageer Singh was entered as adhivasi over the said two plots who, by a registered sale deed dated 10-4-1972, transferred the same in favour of the petitioner. A notice under section 4 (i) of the U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972, hereinafter referred to as the Act, was issued by the Prescribed Authority being subject-matter of case No. 22/82 of 1975-76. The petitioner showed cause, filed objections pleading, inter alia, that the provisions of the Act were not applicable, that the proprietary rights should be deemed to have vested in the petitioner in accordance with the various laws and regulations and that the notice should be discharged because no ground was mentioned in it thus flouting the mandate contained in Section 4 of the Act. However, being satisfied that the proceedings were valid, the Prescribed Authority passed the impugned order. The petitioner's appeal to the District Judge having failed, the present petition has been filed under Article 226 of the Constitution of India. I have heard Sri Rajesh Tandon, Advocate, on behalf of the petitioner and M. M. Chaturvedi, Standing Counsel, for the opposite party.
(3.) THE learned counsel for the petitioner has virtually argued the same three points as detailed above. THEy may be conveniently formulated as under :- (1) THE notice (Annexure 1) itself is invalid and should be quashed. (2) THE provisions of the Act are not attracted to the facts of the case. (3) THE judgment of the Prescribed Authority was contrary to the mandate of Section 5 inasmuch as he has not dealt with any of the points raised before him. That being so, the order of the Appellate Authority is also bad which has only upheld the judgment of the Prescribed Authority. After giving my anxious consideration to the entire matter I am of opinion that this writ petition must succeed.;