IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

ON THE 30^TH DAY OF SEPTEMBER, 2021

BEFORE:

HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI

Writ Petition (M/S) No. 404 of 2012

BETWEEN:

Rajendra Prasad.

……….Petitioner

(By Mr. Alok Kumar, Advocate, holding brief of Mr. Sandeep Kothari,

Advocate)

AND:

State of Uttarakhand & another. ...Respondents

(By

Mr.

R.C.

Arya,

Standing

Counsel

for

the

State

of

Uttarakhand/respondents)

JUDGMENT

Petitioner is challenging the eviction order

dated 22.03.2010 passed by learned Prescribed

Authority under U.P. Public Premises (Eviction of

Unauthorised Occupants) Act, 1972. He is also

challenging the judgment dated 14.02.2012 rendered

by Additional District Judge, Tehri Garhwal in Misc.

Civil Appeal No. 04 of 2010, whereby petitioner’s

appeal filed under Section 9 of the aforesaid Act, was

dismissed.

2.

Proceedings under U.P. Public Premises

(Eviction of Unauthorised Occupants) Act, 1972 were

initiated by issuing a notice under Section 4(1) of the

Act to the petitioner. The notice is on record as

Annexure No. CA-2 to the counter affidavit filed by

2

Sub Divisional Magistrate, Teh