IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No.1773 of 2010 In Writ Petition No. 380 of 2010 (M/S) Bache Singh Jalal, S/o Late Mr. Chandan Singh Jalal, R/o Village Bhaisoli, Post Office Bhaisoli, Tehsil Ranikhet, District Almora. ……Petitioner. Versus Executive Officer, Cantonment Board, Ranikhet, District Almora and three others. …….Respondents. Mr. Davesh Bishnoi, Advocate for the petitioner. Mr. D.K. Sharma, Advocate and Mr. Sanjay Bhatt, Advocate for the respondent Nos. 1 to 3. Mr. K.P. Upadhyay, Addl.C.S.C. for the respondent No.4. Dated:-02-04-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the petitioner and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari for quashing the impugned notice dated 05-03-2010 annexed as annexure No. 5 to the writ petition whereby a direction was given to the petitioner to remove the structure/construction/encroachment over the land, within a period of 15 days, failing which they shall proceed under the Public Premises (Eviction of Unauthorized Persons) Act, 1971. Learned counsel for the petitioner drew attention of the Court upon the order of cantonment board dated 21-08-2003, annexure No. 4 to the writ petition wherein it has been mentioned that the land does not belongs to the cantonment board and it belongs to the State Government and no such license can be granted to the petitioner. 2 In the facts and circumstance of the case, it is directed that the petitioner may file objection on the basis of the said letter dated 21-08-2003 for recalling the order dated 05-03-2010 or may contested the proceedings under the Public Premises (Eviction of Unauthorized Persons) Act, 1971, which is being initiated on the basis of impugned notice. With the said direction and observation, the writ petition is disposed of finally. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 02-04-2010 MK