Suresh Chandra And Others vs Union Of India And Others
2013 Latest Caselaw 7380 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 12635 of 2013
 

 
Petitioner :- Suresh Chandra And Others
 
Respondent :- Union Of India And Others
 
Counsel for Petitioner :- Dr. D.K. Tiwari,P.K. Shukla
 
Counsel for Respondent :- C.S.C,A.K. Singh,A.S.G.I.(2013/6367)
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

Counter affidavit has been filed on 15.12.2013 which is not on record.

Office is directed to trace out the same and place it on record.

Prima facie, it appears that the petitioner have been forcefully dispossessed from their house situate within the Galla Bazar, Old Cantonment and thereafter the houses have been demolished.  From the copy of the counter affidavit which has been placed before us it appears that a notice under Section 5-A (2) of the Public Premises (Eviction Of Unauthorized Occupants) Act, 1971 was issued against the petitioners. In respect of these notices, there is a service report submitted to the Executive Officer stating that an attempt was made to serve the notice  but  the people have refused to accept the same.

There is nothing on record to indicate as to what order has been passed  after the submission of the said service report.  The service report appears to be fabricated inasmuch as it has not been stated that the  notice  was tendered to the addressee and that he refused to accept it.  The action taken by the Cantonment Board prima facie, therefore appears to be unjustified and a case of  abuse of powers.   Before we pass any further order it is appropriate that the Executive Engineer, Cantonment Board may file his personal affidavit disclosing the details of the proceedings taken under the Public Premises (Eviction Of Unauthorized Occupants) Act, 1971 and  the date on which final orders  were  served upon the petitioner.  Copy of the final order shall also be brought on record and the record of the original proceedings shall be produced before us on 19.12.2013.

Put up on 19.12.2013.

A copy of the counter affidavit  handed over to the Court today be kept on record.

Order Date :- 10.12.2013

Priyanka