Arun Tandon - (1.) HEARD Sri Y. K. Sinha, learned counsel for the petitioners, and learned standing counsel for the State-respondents.
(2.) THESE four writ petitions have been filed raising common question of fact and common question of law, they have been clubbed together and are being decided by this common judgment. The facts on record of Civil Misc. Writ Petition No. 27802 of 2009 are being stated for the purposes of present judgment treaing the same to be the leading case. Petitioners are aggrieved, by the order dated 28th September, 2006 whereby the Prescribed Authority, U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (U. P. Act No. XXII of 1972)/City Magistrate, Ghaziabad (hereinafter referred to as the 'Act No. XXII of 1972'), has allowed the application and has directed eviction of the petitioners from the shops in their possession, as also against the order dated 5th May, 2009, passed by the Additional District Judge, Court No. 8, Ghaziabad, whereby the appeals filed by the petitioners against the order of the prescribed authority have been dismissed. The dispute raised in these writ petitions pertains to four shops constructed an old District Court Compound, district Ghaziabad. According to the petitioners, the building of the District Court Compound has now been shifted to Rajnagar, Ghaziabad.
(3.) ON the basis of licence deed executed between the petitioners and District Judge, Ghaziabad dated 8th September, 1980, applications were filed on behalf of the judgeship before the prescribed authority under Section 4 of the U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (U. P. Act No. XXII of 1972)/City Magistrate with the allegation that the period of licence has expired on 31st March, 1981, but the petitioners have failed to vacate the shops in question. The applications so filed were allowed vide order dated 27th April, 1984. All the four petitioners were declared unauthorised occupant and were directed to be evicted from their respective shops. Petitioners before this Court not being satisfied with the order so passed by the prescribed authority, filed appeals under Section 9 of the Act No. XXII of 1972 before the District Judge, Ghaziabad. The appeals filed by the petitioners, which were four in number, were allowed under a common judgment dated 8th November, 2004, passed by the Additional District Judge (Special Judge), Ghaziabad and the matter was remanded for determination of the issue as to under which authority the petitioners were in possession of the shops even before execution of the licence in their favour on 8th September, 1980. The prescribed authority on remand again decided the matter vide order dated 29th August, 2006 and maintained his earlier order of eviction of the petitioners from the shops in question. Not being satisfied with the order so passed by the prescribed authority, the petitioners filed four appeals before the District Judge, Ghaziabad under Section 9 of Act No. XXII of 1972 being Appeal Nos. 77 of 2006, 78 of 2006, 79 of 2006 and 80 of 2006. All the appeals have been clubbed together and have been dismissed under common judgment dated 5th May, 2009, passed by the Additional District Judge, Court No. 8, Ghaziabad, Appeal No. 79 of 2006 has been treated to be the leading case.;