WPMS/198/2021
2021 Latest Caselaw 318 UK

WPMS No. 198 of 2021
Hon'ble Sharad Kumar Sharma, J.

Mr. Rahul Consul, learned counsel for the petitioner.

Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand.

The proceedings which was held against the petitioner under the provisions of the U.P. Public Premises (Eviction of unauthorized Occupants), Act 1972. It culminated against the petitioner, as a consequence of the impugned orders, which are under challenge before this Court.

By the concurrent judgments under challenge, the petitioner has been directed to be evicted from the property which admittedly lies in Khasra No. 1384, 1388 of Khata No. 52 & 54, which is admittedly a non Z.A. Act land lying in shreni 9 (3)(M-) & shreni 10(2) of Land Record Manual.

While adjudicating the issue with regard to Section 4 & 5 of the U.P. Public Premises of the Act, the damages have been imposed on petitioner to the tune of Rs. 1,00,000/- for the user of the property.

Subject to the condition that the petitioner deposits the said damages with the Registry of this Court within a period of one month from today, further action against the petitioner would not be taken by the respondents, in pursuance of the impugned order under challenge till the next date of listing.

List thereafter.

Stay application and the urgency application, would stand disposed of accordingly.

(Sharad Kumar Sharma, J.) Vacation Judge 29.01.2021 AK/SB