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2021 Supreme(All) 1124

YOGENDRA KUMAR SRIVASTAVA
Radha Kishan Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For The Appellant : Madhav Jain
For The Respondent: C.S.C.

JUDGMENT :

1. Heard Sri Madhav Jain, learned counsel for the petitioner and Sri Amit Manohar, learned Additional Chief Standing Counsel appearing for the State respondents.

2. The present petition under Article 226 of the Constitution of India has been filed seeking a writ of certiorari for quashing the orders dated 21.12.2000 and 30.6.1995 passed in proceedings under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972[UP PP Act].

3. Pleadings in the petition indicate that proceedings under Section 4 of the UP PP Act were initiated against the petitioner and an order dated 30.6.1995 was passed by the prescribed authority for eviction and damages. Aggrieved against the aforesaid order, an appeal under Section 9 of the Act was filed before the District Judge, Firozabad which also came to be decided in terms of an order dated 21.12.2000 confirming the order of eviction whereas the order with regard to damages was set aside. It was at this stage, that the present writ petition was filed.

4. The issue which arises for determination is, therefore, as to whether an order passed in an appeal under the UP PP Act can be held to be a judicial order passed by a civil c

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