WPMS/2294/2023
2023 Latest Caselaw 2394 UK

                   Office Notes,
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Sl. No   Date                                   COURT'S OR JUDGES'S ORDERS
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                                     WPMS No.2294 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mrs. Monika Pant, Advocate, for the petitioner.

Mr. Yogesh Tiwari, Standing Counsel, for the State of Uttarakhand.

Learned counsel for the petitioner has put a challenge to the proceedings held under section 4/5 of the U.P. Public Premises Eviction of Unauthorized Occupants Act, 1972, exclusively on the ground as pleaded in paragraph 11, that the provisions of the U.P. Public Premises Eviction of Unauthorized Occupants Act, 1972, would not apply to the land, which is covered by the definition of land given under section 3 (14) of the Zamindari Abolition Act, and for the said purpose, she has substantiated her argument on the basis of the description of the property given in the notice issued under section 4 of the Act, where it has been mentioned that the land for which the notice has been issued is a land recorded in a ZA khatauni.

If that be the situation, the issue would stand covered by the judgment rendered by the Hon'ble Apex Court in Civil Appeal No.2831 of 2009, "State of U.P. (Now Uttarakhand Vs. Rabindra Singh", as decided by the Hon'ble Apex Court on 27.04.2009, where it has been held that for the ZA land, the provisions of the U.P. Public Premises Eviction of Unauthorized Occupants Act, 1972, would not apply.

Respondents may file their counter affidavit within a period of three weeks.

Till the next date of listing, the eviction of the petitioner in pursuance to the impugned order under challenge would be kept in abeyance.

(Sharad Kumar Sharma, J.) 22.08.2023 NR