Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5235 of 2018 Petitioner :- Akhil Bansal Respondent :- Prescribed Authority/ City Magistrate Bulandshahr And 2 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- C.S.C.,Aditya Bhushan Singhal
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Kuldeep Kumar, learned counsel for the petitioner and Sri Aditya Bhushan Singhal, learned counsel for the respondent no. 3.
Petitioner is assailing the impugned notice dated 11.3.2016 passed by the Prescribed Authority/City Magistrate, Bulandshahr in Case No. D20141117001266, under Section 4/7 of Public Premises (Eviction of Unauthorized Occupants) Act, 1972 as well as order dated 22.5.2018 passed by Additional District Judge, Court No. 2 Bulandshahr in Civil Appeal No. 67 of 2016.
At the very outset, Sri Aditya Bhushan Singhal states that in similar circumstances, this Court vide order dated 16.7.2018 in MATTERS UNDER ARTICLE 227 No. - 5235 of 2018 (Pankaj Singh Vs. Zila Panchayat, Bulandshahr) has declined to interfere in the matter and disposed of the writ petition giving liberty to the petitioner to vacate the property in question in four months from the date of order and as such, it is contended that present writ petition is also liable to be decided in the same terms.
Learned counsel for the petitioner states that the petitioner has absolutely no objection to the same.
The Court has proceeded to examine the record in question and find substance in the contention raised by Sri Aditya Bhushan Singhal. For ready reference the operative portion of the order dated 16.7.2018 is quoted as under:-
"In view of above, both the writ petitions are disposed of finally, giving liberty to the petitioner to vacate the property in question in four months from today. So far as assessment of damages is concerned, it is left open to the Prescribed Authority to proceed in the matter independently as per Rule 8 of Rules of 1971 taking into consideration the previous deposits made by the petitioner and the objections, if any."
In view of above, the Court is satisfied with the aforesaid order, having due regard to the prayer made in the writ petition, which shall meet the ends of justice. Consequently, present writ petition is also disposed of in same terms as in Pankaj Singh (Supra).
Order Date :- 31.7.2018 A.K.Srivastava