Petition challenged show cause notices under the Public Premises Act. Court held no interference warranted as proceedings were pending with the statutory authority and dismissal with liberty to approach the authority.
Petition dismissed; petitioners directed to pursue remedies before the statutory authority.
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Court No. - 38
Case :- WRIT - C No. - 12645 of 2022
Petitioner :- Sh. Vinod Kumar And 9 Others Respondent :- Union Of India And Another Counsel for Petitioner :- Avadh Pratap Singh Shishodia Counsel for Respondent :- A.S.G.I.
Hon'ble Saumitra Dayal Singh,J.
Heard Shri Avadh Pratap Singh Shishodia, learned counsel for the petitioner and Shri Vinay Kumar Singh, Advocate, holding brief of Shri Purnendu Kumar Singh, learned counsel for respondent nos. 1 & 2.
Challenge has been raised to the show cause notices dated 26.03.2022 and 29.03.2022 issued by respondent no.2 under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
The petitioners have already submitted their replies to the aforesaid notices. In any case, they may further furnish their replies within a period of two weeks from today. Inasmuch as the challenge has been raised to the show cause notices and the proceedings are still pending, no interference is warranted in exercise of extra jurisdiction of this Court under Article 226 of the Constitution of India.
Accordingly, the present petition is dismissed , leaving it open to the petitioners to pursue their remedies before the statutory authority, in accordance with law.
Order Date :- 12.5.2022 Prakhar
Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.05.13 10:29:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ court can exercise extra territorial jurisdiction to interfere with pending show cause notices under Section 4 of the Public Premises Act, 1971.
Sh. Vinod Kumar And 9 Others
Union Of India
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
