Dismissed

State of Uttarakhand through Collector v. Shri Kunwar Singh

Uttarakhand HC3 Nov 2022WPMS/2303/2017

Case brief

AI extract

What is this about?

The High Court of Uttarakhand dismissed a writ petition challenging a District Judge order that set aside an eviction proceeding on grounds of defective notice. The Court held that the notice under Section 4(1) of the U.P. Public Premises Act lacked necessary particulars and refused interference, allowing the State to initiate proceedings afresh.

What did the court decide?

The State of Uttarakhand was granted liberty to initiate fresh proceedings by issuing a fresh notice to the respondent.

SL.
No

Date

Office Notes,
reports, orders
or proceedings
or directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

W PMS 2 3 0 3 / 2 0 1 7
Hon’ble Man oj Ku m ar Tiw ar i, J.

Mr. R.C. Arya, Standing Counsel, for
the State/ petitioner.
Mr. Devang Dobhal, Advocate, for
the respondent.
This writ petition has been filed by
the State of Uttarakhand challenging the
judgment
and
order
dated
16.9.2016,
passed by the District Judge, Tehri Garhwal
in Miscellaneous Civil Appeal No. 17 of
2016. By the said judgment, order of
eviction against the respondent, passed by
the Prescribed Authority under U.P. Public
Premises
(Eviction
of
Unathorised
Occupants) Act, 1972, has been set aside.
Impugned judgment is on record as
Annexure-1 to the writ petition. Perusal
thereof reveals that the notice issued under
Section 4(1) of the aforesaid Act was
lacking
in
necessary
particulars,
viz.,
location, area and dimensions of the land,
unauthorisedly occupied by the respondent.
Learned District Judge thus held that since
the notice is not issued in the prescribed
manner, therefore, proceedings initiated
under the aforesaid Act, on the strength of
such notice, are vitiated.
Learned Standing Counsel submits
that notice under Section 4(1) of the
aforesaid Act, issued to the respondent,
was proper and with complete particulars of
the land, unauthorisedly occupied by the
respondent. As such, learned District Judge
wasnot justifiedin interferingwiththe

order of eviction passed by the Prescribed Authority. Learned District Judge has passed a reasoned order. This Court concurs with the reasoning given by learned District Judge. The notice issued under Section 4(1) of the aforesaid Act must be complete in all particulars. Since the notice was lacking in necessary particulars, learned District Judge was justified in interfering with the matter. Learned District Judge, however, has
granted liberty to the State to initiate proceedings afresh by issuing fresh notice to the respondent.
In such view of the matter, this Court is not inclined to interfere with the impugned judgment while exercising supervisory jurisdiction under Article 227 of the Constitution. Accordingly, writ petition fails and is dismissed. It is made clear that this order will not preclude the State from initiating fresh proceedings. ( Man oj Ku m ar Tiw ar i, J.) 3 .1 1 .2 0 2 2 Pr

order of eviction passed by the Prescribed
Authority.
Learned District Judge has passed a
reasoned order. This Court concurs with the
reasoning given by learned District Judge.
The notice issued under Section 4(1) of the
aforesaid Act must be complete in all
particulars. Since the notice was lacking in
necessary particulars, learned District Judge
was justified in interfering with the matter.
Learned
District
Judge,
however,
has

granted liberty to the State to initiate
proceedings afresh by issuing fresh notice
to the respondent.

In such view of the matter, this
Court is not inclined to interfere with the
impugned
judgment
while
exercising
supervisory jurisdiction under Article 227 of
the Constitution.
Accordingly, writ petition fails and is
dismissed.
It is made clear that this order will
not preclude the State from initiating fresh
proceedings.
( Man oj Ku m ar Tiw ar i, J.)
3 .1 1 .2 0 2 2
Pr

State of Uttarakhand through Collector v. Shri Kunwar Singh

Case brief

What is this about?

What did the court decide?

State of Uttarakhand through Collector v. Shri Kunwar Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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