WPMS/2603/2025
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Uttarakhand High Court

WPMS/2603/2025 on 15 September, 2025

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                               WPMS No.2603 of 2025

                               Hon'ble Ashish Naithani, J.

Mr. Chandramauli Shah, learned counsel for the Petitioner.

2. Mr. Anil Kumar Dabral, learned Addl. CSC, with Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the State of Uttarakhand/Respondent.

3. The present writ petition has been filed under Article 227 of the Constitution of India, challenging the judgment and order dated 11.06.2025, passed by the learned District Judge, Nainital, in Eviction Appeal No.02 of 2025, "Riyasat Husain Vs. State of Uttarakhand", whereby the learned Appellate Court dismissed the appeal of the Petitioner and whereby the confirm the judgment and order dated 11.05.2024, passed by Prescribed Authority/Sub- Divisional Magistrate, Ramnagar, District Nainital passed in Eviction Case No.22/01 year 2015- 2016, under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1972, whereby the learned Prescribed Authority evicted the Petitioner and issued the notice under Section 5(1) of the aforesaid Act of 1972. Hence, the present writ petition.

4. Learned counsel appearing for the Petitioner makes a submission that without hearing him and without serving a notice under due process of law, the impugned order was passed. He further submits that the Petitioner cannot read and write, and he puts his thumb impression, where his signature is called for, and in the document Paper No.B, there are signatures, which are not of the Petitioner as he always puts his thumb impression.

5. On the other hand, learned State Counsel refutes the above submission that it is no so.

6. Admit.

7. Let counter affidavit to be filed within a period of three weeks.

8. List this matter on 27.10.2025.

9. Let the lower court records be summoned.

10. As an interim measure, it is provided that till the next date of listing, the effect and operation of the impugned judgment and order dated 11.06.2025, passed by the learned District Judge, Nainital, in Eviction Appeal No.02 of 2025, "Riyasat Husain Vs. State of Uttarakhand", shall remain stayed.

11. Interim relief application (IA No.1/2025) stands disposed of accordingly.

(Ashish Naithani, J.) 15.09.2025 Nitesh/