A writ petition challenging show cause notices issued under the Public Premises (Eviction of Unauthorising Occupants) Act, 1971 was dismissed. The court held that merits of eviction could not be examined at this stage and the petitioner could reply to the notices.
Writ petition dismissed.
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Court No. - 36
Case :- WRIT - C No. - 25534 of 2018
Petitioner :- Star Paper Mills Limited Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Arpit Agarwal Counsel for Respondent :- Rajnish Kumar Rai
Hon'ble Mrs. Sunita Agarwal,J.
Shri Deepak Kaushik, learned Advocate holding brief of Shri Rajnish Kumar Rai, learned counsel for the respondents is present.
The present petition is directed against the show cause notices dated 7.6.2018 and 29.6.2018 issued under Sections 4 and 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (in short the Act, 1971) by the Estate Officer. These notices are being challenged in the present petition on the ground that the premises in question is not a public premises rather it is the premises under ownership of the petitioner to whom it has been allotted after adopting due procedure prescribed under law.
Further submission of learned counsel for the petitioner is that the concerned Officer had no jurisdiction to issue this notice.
In an injunction suit filed by the petitioner, interim injunction is operating.
Learned counsel for the respondents, on the other hand, submits that the petitioner had obtained the interim injunction against the respondent-Authorities namely respondent Nos.2 and 3 after the notices were issued under the Act,1971. The said notices are neither challenged in the suit nor any injunction has been granted against the Estate Officer from proceeding under the Act, 1971.
Submission of learned counsel for the petitioner is that the respondent railway-Authorities did not file any written statement and the Estate Officer is illegally proceeding under the Act, 1971 for their eviction cannot be examined in the present petition, in view of the fact that the present petition is directed against the show cause notices issued under the Act, 1971 by the Competent Authority. The merits of the show cause notices cannot be seen, at this stage. It is open for the petitioner to file a reply to the show cause notices and put his claim before the Estate Officer or to seek appropriate relief in the pending suit. The submission of learned counsel for the petitioner that the description of the property in the notice is vague is not substantiated from the perusal of the notice as the description thereof has been provided in Schedule-I to the notice.
The writ petition is, accordingly, dismissed.
Order Date :- 6.8.2018 Jyotsana
3 issues framed by the court
Whether the show cause notices issued under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 are sustainable in law.
Whether the petitioner is aggrieved by the notices at this stage of the proceedings.
Whether the description of property in the notice is vague causing invalidity.
1 provisions across 1 enactments
Star Paper Mills Limited
Union Of India
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
