( 1 ) HEARD learned counsel for the petitioner and Shri Nazar Bokhari for the respondents.

( 2 ) BY means of this writ petition, petitioner has challenged the order passed under Section 4 of U. P. Public Premises (Eviction of Unauthorised Occupants)Act, 1972 in Case No. 20 of 1984 P. S-Kotwali, District-Rampur dated 7th May, 1984. whereby the prescribed authority after hearing the petitioner and State has passed the order of eviction of the petitioner from the premises in question, which is admittedly a public premises. In appeal the appellate authority affirmed the findings of the prescribed authority and directed for eviction of the petitioner from the premises in question.

( 3 ) LEARNED counsel for the petitioner has contended that a perusal of Section 4 of U. P. Public Premises (Eviction of unauthorised Occupants) Act, 1972 provides that the notice in the manner prescribed should have been served on the petitioner before the proceedings are initiated. Section 4 is reproduced below:-

"4. Issue of notice to show cause against order of eviction.- (1) If the prescribed authority, either of its own motion or on an application or report received on behalf of the State