S.D.Sinha, J. - (1.)-This appeal arises out of a judgment and order dated 1st December 1994, passed by a learned single Judge of this Court in C. O. No. 53 (W) of 1994.
(2.)The fact of 'the matter lies in a very narrow compass, The writ petitioner/respondent allegedly encroached upon some lands situate in Jirkatang No. 2, South Andaman. In relation to the said encroachment, a proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act, 1970, had been initiated. The writ petitioner, however, allegedly encroached a land belonging to a temple resulting in a law and order problem, which prompted the appellants to demolish the encroachment in question. The writ petitioner, however, has asserted in this appeal that he is still in possession of the land in question.
(3.)The learned Judge having taken into consideration the facts and circumstances of the case, and particularly the conduct of some of the appellants in demolishing the said structures constructed by the writ petitioner in undue haste, directed payment of a sum of Rs. 10,000/- as damages. The learned Judge also took into consideration the fact that after evicting the petitioner from his hearth and home, the entire building material were sold in auction by the authorities concerned which fetched a sum of Rs. 850/-
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