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2023 Supreme(UK) 630

MANOJ KUMAR TIWARI
Gurubachan Singh – Appellant
Versus
Additional District Judge, Rishikesh, District Dehradun – Respondent


Advocates:
Advocate Appeared:
For the Parties : Mr. Pradeep Hairiya, Standing Counsel for the State of Uttarakhand)

JUDGMENT :

Since common questions of law and fact are involved in these writ petitions, therefore they were heard together and are being decided by a common judgment. However for the sake of brevity, facts of Writ Petition (S/S) No.1449 of 2011 alone are being considered and discussed.

2. Proceedings under U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (from hereinafter referred to as “Act No. 22 of 1972”) were initiated against the petitioners, which resulted in passing of eviction order against them. Petitioners filed Appeal under Section 9 of the Act, which were dismissed by learned Additional District Judge, Rishikesh, District Dehradun. In these petitions, petitioners have challenged the judgment dated 11.07.2011 passed by Appellate Authority/Additional District Judge, Rishikesh, District Dehradun.

3. In the writ petition, it is contended that the land comprised in Khasra No. 78 Mauja Rishikesh, District Dehradun was owned by one Lalit Mohan and petitioners were occupying the said land as tenant, wherefrom they were running their business. In para 3 of th

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