Hand Made Paper Industries and Ors. vs State of U.P.& Ors.

This writ petition has been filed for quashing the notice dated 1062004 issued by the General Manager, District (Industries Centre, Rampur requiring the petitioner to vacate the allotted premises within a period of fifteen days failing which possession would be taken with the help of police force.

The petitioner has placed on record the order dated 1961981 by which the premises was allotted in his favour upon certain terms and conditions. The respondents in their counteraffidavit and in the impugned order have stated that the petitioner has violated the terms and conditions of the allotment order apart from the fact that they require the premises in question for their own use.

Learned Counsel for the petitioner has stated that in view of the facts and circumstances of the case, the respondents cannot take forcible possession of the premises allotted to the petitioner even if he has violated the terms and conditions of the allotment order since at best he would become an unauthorised occupant after cancellation of the allotment order and in these circumstances, the only course open to the respondents is to proceed against the petitioner under the provisions of the U.P. Public Premises (Eviction of Unauthorised Occupant''s) Act, 1971.

In this view of the matter, after hearing the learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondents, we dispose of this petition with a direction to the respondents to proceed against the petitioner strictly in accordance with law under the provisions of the aforesaid Act or any other Act applicable in such circumstances and he shall not be evicted unless an appropriate order is passed provided of course that possession has not already been taken.