Yatindra Singh, J. - (1.) THIS writ petition is against the orders dated 26.8.1977 and 13.5.1978 passed by Respondent Nos. 3 and 2 in proceedings for eviction under U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (the Act for short). Notice was issued to the petitioner under Section 4 of the Act to show cause why he may not be evicted from the land in dispute. Petitioner filed his objection. The Prescribed Authority rejected the same by the order dated 26.8.1977. Aggrieved by his order, the petitioner filed an appeal. His appeal was dismissed by Respondent No. 2 on 13.05.1979. Hence the present writ petition.
(2.) THE Courts below have held that the land in dispute is a public premises and as there is no allotment order in favour of the petitioner, he is liable to be evicted. The only point raised by the counsel for the petitioner that petitioner was entitled for regularisation of his possession in pursuance of the G.O. No. 143/1/74 (216 -A) Rajaswa -6, dated 12th September, 1975. It is true that Courts below have held that petitioner is in unauthorised occupation over the public premises and is liable to be evicted, but the Courts below have not applied its mind so far as the entitlement of the petitioner under the G.O. is concerned. I think it would be appropriate to send the matter back before the appellate Court (Respondent No. 2) to consider the right of the petitioner, if any, in the light of G.O. aforementioned. So far as the other questions are concerned, they are final. Petitioner would not be entitled to re -agitate the matter. With these directions, the writ petition is allowed and the matter is sent back to Respondent No. 2 for re -decision in accordance with law.;