AMARESHWAR SAHAY,J. - (1.) HEARD the parties.
(2.) BY filing the instant writ petition, the petitioner has prayed for setting aside the judgment dated 23.3.2006, passed by 1st Additional Sessions Judge, Bermo at Tenughat in Misc. Appeal No. 30 of 2000, by which the appeal filed by the petitioner under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was dismissed and the order dated 18.5.2000, passed by the Estate Officer, D.V.C., B.T.P.S., Bokaro (Respondent No. 2), as contained in Annexure -9 to this writ petition, was affirmed whereby, the petitioner was directed to vacate the shop of size 15' x 15', situated opposite of Baba Medical in D.V.C., B.T.P.S., New Market, on D.V.C. Land at Bokaro Thermal, in Govindpur, Bokaro Thermal Police Station, on the ground that the petitioner violated the terms and conditions of the licence granted to him by unauthorisedly encroaching more than the area allotted to him for construction of shop. There is no dispute of the fact that by an Agreement dated 22.2.1990, the licence was granted to the petitioner allotting a piece of land measuring 9' x 10' belonging to respondent D.V.C. for running a shop. It is also not in dispute that the petitioner constructed a shop over the said allotted land to him by the D.V.C. with permission of the concerned authority.
(3.) ADMITTEDLY , only an area of land measuring 9' x 10' was allotted to the petitioner for construction of a shop.;