Arun Kumar Srivastava vs S. P. Anjor - 1987 Supreme(All) 1206

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1987 Supreme(All) 1206

S. C. MATHUR
Arun Kumar Srivastava – Appellant
Versus
S. P. Anjor – Respondent

JUDGMENT

S.C. Mathur, J. - The petitioner has, through the instant petition, prayed for quashing of Annexures-3 and 4 which are copies of notices dated 17th January, 1987 issued by the Prescribed Authority, opposite party No. 1 against the petitioner under U.P. Public Premises (Eviction of Unauthorised Occupants) Act These notices have been issued under Section 4(1) and Section 7 (2) of the Act. In both the notices the petitioner has been described as unauthorised occupant of Flat No. D.-14/5, Rajendra Nagar, Lucknow. He is, therefore, threatened with eviction from the accommodation. In the notice under Section 7 (2) he has been asked to pay damages for his unauthorised occupation of the accommodation in question. The petitioner's plea is that he filed reply to the notices stating therein that he is not unauthorised occupant and that he is in occupation in pursuance of allotment order dated 1st February, 1982. It is asserted that copy of the allotment order has been filed before the Prescribed Authority. After the objections has been filed by the petitioner, the Prescribed Authority allowed time to the Estate Officer and the State of U.P., Opposite Parties 2 and 3 to file rejoinder

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