ORDER

1. THIS ORDER SHALL DISPOSE OF THIS BATCH OF APPEALS. FOR THE SAKE OF CONVENIENCE, THE FACTS ARE TAKEN FROM CA NO. 4981 OF 1998.

2. THIS APPEAL IS DIRECTED AGAINST THE DIVISION BENCH JUDGMENT OF THE HIGH COURT OF JUDICATURE AT ALLAHABAD IN WP NO. 25960 OF 1994 WHEREBY THE HIGH COURT HAS DISMISSED THE WRIT PETITION FILED BY THE APPELLANTS.

3. IN THE TOWN OF ALLAHABAD THERE IS AN EMBANKMENT CALLED "THE BANDH" ON THE WESTERN SIDE OF RIVER GANGES COVERING A LONG DISTANCE. THE BANDH WAS MADE IN THE TIME OF KING AKBAR. THE ROAD ON THE TOP OF THE BANDH IS CALLED TRIVENI BANDH ROAD. THERE IS A SLOPE ON THE EAST OF TRIVENI BANDH ROAD. VARIOUS STRUCTURES HAVE COME UP ALONG THE SLOPES. THE STRUCTURE IN THE PRESENT CASE STANDS ON THE EASTERN SIDE OF THE BANDH.

4. BEFORE THE KUMBH OF 1977 WAS TO TAKE PLACE, IN A DEMOLITION DRIVE, THE FRONT PORTION OF THE UPPER STOREY OF THE BUILDING OF THE APPELLANTS FACING THE ROAD WAS DEMOLISHED PARTIALLY. WRIT PETITION NO. 2809 OF 1976 WAS FILED AND THE STATE OF UTTAR PRADESH GAVE AN UNDERTAKING TO THE COURT THAT NO DEMOLITION AND DISPOSSESSION WILL BE CARRIED OUT UNLESS A NOTICE UNDER THE U.P. PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT (FOR SHORT "ACT 22 OF 1972") WAS GIVEN.

5. SUBSEQUENTLY, WHEN A NOTICE UNDER ACT 22 OF 1972 WAS SERVED, WRIT PETITION NO. 4409 OF 1976 WAS FILED. DURING THE PENDENCY OF THE SAID WRIT PETITION, THROUGH THE INTERVENTION OF THE OFFICE OF THE PRIME MINISTER OF INDIA, THE CHIEF MINISTER OF UTTAR PRADESH, DIRECTED THAT THE DEMOLISHED PORTION BE REPAIRED WITHIN A WEEK AND SANCTIONED AN EXPENDITURE OF RS 10,000 FOR THAT PURPOSE.

6. ON THE STATEMENT MADE BY THE ADVOCATE GENERAL OF THE STATE OF UTTAR PRADESH BEFORE THE BENCH HEARING THE PETITION ON 20-12-1976 THAT THE STATE OF UTTAR PRADESH DID NOT INTEND TO DEMOLISH THE CONSTRUCTION, THE WRIT PETITION WAS DISPOSED OF AS NOT PRESSED.

7. IN THE YEAR 1994 WHILE MAKING THE PREPARATION FOR "ARDH KUMBH" TO BE HELD IN 1995, THE MELA OFFICER ACTING UNDER SECTION 16 OF THE U.P. MELAS ACT, 1938, IN HIS ENTHUSIASM, STARTED DEMOLISHING THE STRUCTURES WHICH HAD BEEN PUT UP BY THE APPELLANTS. CONSEQUENTLY, WRIT PETITION NO. 25960 OF 1994 WAS FILED IN THE HIGH COURT SEEKING THE ISSUANCE OF A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS COMMANDING THE RESPONDENTS NOT TO DEMOLISH THE BUILDING AND NOT TO DISPOSSESS THE APPELLANTS FROM THE PREMISES EXCEPT IN ACCORDANCE WITH LAW.

8. THE HIGH COURT INSTEAD OF DECIDING THE QUESTION RAISED IN THE WRIT PETITION AS TO WHETHER DEMOLITION AND DISPOSSESSION COULD TAKE PLACE WITHOUT ISSUING A SHOW-CAUSE NOTICE AND AFFORDING A HEARING TO THE APPELLANT, WENT INTO THE ENTIRE HISTORY REGARDING THE TITLE OF THE LAND AS WELL AS THE ALLEGED ILLEGAL CONSTRUCTION PUT UP BY THE APPELLANT AND DISMISSED THE WRIT PETITION. A THUS THE QUESTION WHICH HAD BEEN RAISED BY THE APPELLANT IN THE WRIT PETITION HAS NOT BEEN DECIDED.

9. COUNSEL APPEARING FOR THE APPELLANT HAS ARGUED THAT THE CHALLENGE IN THE WRIT PETITION WAS NOT FOUNDED ON ANY CLAIM OF TITLE OR OWNERSHIP OF THE APPELLANT OVER THE LAND NOR ANY RELIEF OF DECLARATION OF SUCH TITLE OR OWNERSHIP WAS SOUGHT. THE APPELLANT HAD CLAIMED THE RIGHT OF USER AND OCCUPATION B WHICH WAS WELL ESTABLISHED ON ACCOUNT OF VARIOUS HISTORICAL EVENTS AND ACTS AND DEEDS PERFORMED BY THE STATE AND THE STRUCTURE PUT UP BY THE APPELLANT COULD NOT BE DEMOLISHED WITHOUT ISSUING A PROPER SHOW-CAUSE NOTICE AS HAD BEEN UNDERTAKEN BY THE RESPONDENTS IN THE EARLIER PROCEEDINGS OF THE YEAR 1976. NOTWITHSTANDING THE AFORESAID LIMITED SCOPE OF THE WRIT PETITION THE HIGH COURT HAS PASSED THE IMPUGNED ORDER GOING COMPLETELY BEYOND THE C LIMITED SCOPE OF THE PLEAS RAISED IN THE WRIT PETITION AND RECORDED VARIOUS FINDINGS OF FACT WHICH WERE NOT GERMANE TO THE POINT IN ISSUE.

10. WE FIND FORCE IN THIS SUBMISSION. THE HIGH COURT SHOULD HAVE FOCUSSED ITSELF ON THE QUESTION RAISED IN THE WRIT PETITION AS TO WHETHER DEMOLITION AND DISPOSSESSION COULD TAKE PLACE WITHOUT ISSUING SHOW-C