Sudhanshu Dhulia, JThe petitioners before this Court were unauthorised occupants on a Government property. They are aggrieved by the order dated 16.09.2017 as well as the recovery citations which have been issued against them in pursuant to the order dated 16.09.2017.

2. During the pendency of these writ petitions, the petitioners have vacated the premises, a fact which is affirmed by the learned State Counsel. However, what remains is the recovery which is being made from the petitioners.

3. As per the State Counsel, the premises is under the supervision and control of the District Judge, Nainital. However, according to the petitioners, the amount which has been fixed from each of the petitioner is at the rate of Rs.1,479/- (Rupees One Thousand Four Hundred Seventy Nine Only) per month, and therefore, the recovery from each of the petitioner is about Rs.3,00,000/- (Rupees Three Lakhs Only).

4. Learned counsel for the petitioners submits that the petitioners are facing great financial hardship. Moreover, the petitioners have also not been heard by the learned District Judge, Nainital.

5. Order dated 16.09.2017 has been perused by this Court.

6. There is absolutely no dispute that the petitioners are encroachers on a Government property, and to that extent, the order of the learned District Judge, Nainital cannot be faulted with. Moreover, the amount which has been fixed by the learned District Judge, Nainital has been fixed on the report of the Additional District Magistrate, Nainital.

7. However, two facts have not been considered by the learned District Judge, Nainital. First is that the petitioners were not given any opportunity of hearing and secondly, their financial hardship was also not considered. Let these two factors be considered by the learned District Judge, Nainital. It is made clear that learned District Judge shall also ensure whether the petitioners have actually vacated the premises or not and only if the premises is vacated by the petitioners then the amount to be deposited by each of the petitioner in a Government Treasury shall be considered. Let the petitioners appear before the District Judge, Nainital within a period of two weeks from today and thereafter the learned District Judge, Nainital shall take a decision in the matter as expeditiously as possible, preferably within three weeks thereafter.

8. In view of the above directions, the writ petitions stand disposed.