Allowed

State of Uttarakhand through District Magistrate, Chamolia v. Sanjay Kumar

Uttarakhand HC10 Dec 2024WPMS/963/2016

Case brief

AI extract

What is this about?

State challenged the District Judge, Chamoli's appellate judgment setting aside an eviction order against a public premises occupant. Counsel agreed identical issues were decided by this Court's earlier judgment dated 7.12.2023; writ petitions were decided in terms of that judgment.

What did the court decide?

Impugned judgment set aside; appeal restored to the file of District Judge to decide afresh as per law.

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 9 5 5 / 2 0 1 6
W PMS 9 6 1 / 2 0 1 6
W PMS 9 6 2 / 2 0 1 6
W PMS 9 6 3 / 2 0 1 6
Hon’ble Man oj Ku m ar Tiw ar i, A.C.J.

Mr. Yogesh Chandra Tiwari and
Mr. Rajesh Sharma, Standing Counsel,
for the State/ petitioner.

Mr.
Mukesh
Singh
Rawat,
Advocate, for the respondent.
(2)
Since identical issue is involved
in all these writ petitions, these are being
decided by this common order.

(3)
State
has
filed
these
writ
petitions
challenging
the
judgment
rendered by District Judge, Chamoli in
appeal under Section 9 of U.P. Public
Prem ises
(Eviction
of
Unauthorised
Occupants) Act, 1972. By the impugned
judgment, appeal filed by the respondent
was allowed and the eviction order,
passed by the Prescribed Authority, was
set aside.
(4)
Learned Counsel for the parties
are unanimous on the point that identical
issue, under the aforesaid Act and in
respect of the same district, was decided
by
this
Court
vide
judgment
dated
7.12.2023, passed in Writ Petition (M/ S)
2574 of 2015 and other connected writ
petitions. Para 7 of the said judgment is
extracted below:

“Accordingly, the writ petitions

are allowed and the impugned judgment
is set aside. The Appeal filed by
respondent under Section 9 of the aforesaid Act shall stand restored to the file of District Judge, who shall decide the Appeal afresh, as per law, expeditiously. It shall be open to respondent to produce on record any documents, he has, for supporting his claim regarding right, title
and interest over the property in question.” (5) Learned Counsel for the parties submitted that these writ petitions may also be decided in terms of the judgment dated 7.12.2023, passed in Writ Petition (M/ S) 2574 of 2015.
(6) In such view of the matter, these writ petitions are also decided in terms of the judgment dated 7.12.2023, passed in Writ Petition (M/ S) 2574 of 2015. ( Man oj Ku m ar Tiw ar i, A.C.J.) 1 0 .1 2 .2 0 2 4 Pr

are allowed and the impugned judgment

is
set
aside.
The
Appeal
filed
by

respondent
under
Section
9
of
the
aforesaid Act shall stand restored to the
file of District Judge, who shall decide the
Appeal afresh, as per law, expeditiously.
It shall be open to respondent to produce
on record any documents, he has, for
supporting his claim regarding right, title

and
interest
over
the
property
in
question.”
(5)
Learned Counsel for the parties
submitted that these writ petitions may
also be decided in terms of the judgment
dated 7.12.2023, passed in Writ Petition
(M/ S) 2574 of 2015.

(6)
In such view of the matter,
these writ petitions are also decided in
terms of the judgment dated 7.12.2023,
passed in Writ Petition (M/ S) 2574 of
2015.
( Man oj Ku m ar Tiw ar i, A.C.J.)
1 0 .1 2 .2 0 2 4
Pr

State of Uttarakhand through District Magistrate, Chamolia v. Sanjay Kumar

Case brief

What is this about?

What did the court decide?

State of Uttarakhand through District Magistrate, Chamolia v. Sanjay Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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