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2006 Supreme(UK) 499

B.S.VERMA
RAJENDRA KUMAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
For Petitioner: Sri Sarvesh Agarwal, learned counsel
For the Respondents: Sri R.C. Arya, learned Standing Counsel

JUDGMENT

Heard Sri Sarvesh Agarwal learned counsel for the petitioner and Sri R.C. Arya learned Standing counsel for the State.

2. By way of this writ petition, the petitioner has prayed to issue a writ in the nature of certiorari for quashing the orders dated 23.8.1993 and 17.9.1992 passed by respondent Nos. 2 and 3 i.e. District Magistrate, Nainital and Prescribed Authority/Sub Divisional Magistrate respectively.

3. Brief facts of the case are that a notice under Section 4(1) of the U.P. Public Premises (Eviction of Unauthorized occupants) Act, 1992 was sent to the petitioner stating that the petitioner is an unauthorized occupant. The petitioner filed objection against the said notice. The learned Sub-Divisional Magistrate passed the order on 17.9.1992 by which he directed the dispossession of the petitioner from the land in dispute. Against the said order dated 17.9.1992, the petitioner preferred an appeal before the District Judge. The appellate Court rejected the petitioner appeal vide order date 23.8.1993.

4. Feeling aggrieved by the aforesaid orders, the petitioner preferred this petition before the Allahabad High Court, which has been transferred to this Court, for disposa





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