Neutral Citation No. - 2025:AHC:33156 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2251 of 2025 Petitioner :- Jamuna Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Respondent :- C.S.C.,Kuldeep Johri Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondents no.1 and 2 and Sri Kuldeep Johri, learned counsel appearing for respondent no.3. 2. Through this writ petition, petitioner has challenged the order dated 13.09.2021 passed by the Prescribed Authority/ Sub Divisional Magistrate, Bisalpur, Pilibhit as well as order dated 02.01.2025 passed by Additional District Judge (Rape and POCSO Act), Court No.2, Pilibhit. 3. Brief facts of the case are that the Nagar Palika Parishad in the year 1990 by a resolution allotted the land for construction of house to one Jagdish Prasad and Omkar Singh. According to the resolution, both the allottees were to pay Rs.50/- per year for the land allotted to them. 4. Petitioner, before this Court, alleges to be the relative of Omkar Singh. The proceedings under Section 4 of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter called as "Act of 1972") were initiated against the petitioner for being in illegal occupation of the land in dispute. The Prescribed Authority by order impugned dated 13.09.2021 had passed an order for eviction. Aggrieved by the said order, an appeal under Section 9 of the Act of 1972 was filed, which has been dismissed on 02.01.2025. 5. Learned counsel for the petitioner submits that Omkar Singh had died issueless and, as such, the property was succeeded by the petitioner. He further contends that respondent no.2 is not the Prescribed Authority, and he could not have entertained the proceedings under Section 4 of the Act and passed the said order. Reliance has been placed upon the decision of Co-ordinate Bench of this Court rendered in Writ-C No.14422 of 2016. 6. Sri Kuldeep Johri, learned counsel appearing for respondent no.3 has submitted that the resolution passed by the Nagar Palika was only in regard to Omkar Singh and Jagdish Prasad. The land was never allotted to the petitioner, who is a stranger to the proceedings and had illegally occupied the land of the Nagar Palika and had made certain constructions. Moreover, the land is recorded under category 6 (1) and is a pond and cannot be allotted to anyone. He further submits that respondent no.2 is the Prescribed Authority who had rightly passed the order and the reliance placed upon the decision of Co-ordianate Bench of this Court is not applicable in the present case. 7. I have heard respective counsel for the parties and perused the material on record. 8. From perusal of record, at the very outset, it is clear that the original resolution passed on 05.06.1990 by the Nagar Palika Parishad, Bisalpur, Pilibhit was for allotting the land to one Omkar Singh and Jagdish Prasad. No allotment was made in favour of the petitioner, and he is a stranger to the proceedings as he claimed to be the relative of the Omkar Singh. 9. Moreover, the land is recorded under category 6(1) and is a pond. Neither Jagdish Prasad nor his legal heirs have come before this Court claiming the title over the land. The Court below has recorded specific findings and no rent receipt, or lease deed was brought on record to demonstrate that pursuant to the resolution passed in the year 1990, any lease deed was executed in favour of the petitioner. The petitioner is a stranger to the proceedings and has illegally occupied the land in question. 10. From the order passed by respondent no.2, it is clear that it has passed the said order under the capacity of Prescribed Authority. Reliance placed upon the decision of Co-ordinate Bench of this Court is distinguishable in the facts of the present case. 11. No case for interference is made out. 12. Writ petition is misconceived and the same stands dismissed. Order Date :- 7.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad