A brief order in a writ petition regarding an objection to a notice under the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act 1972. The Single Judge dismissed the petition, holding there was no material to justify interference and the petitioner had other remedies if eviction was actually attempted.
null
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- WRIT - C No. - 7559 of 2023
Petitioner :- Dilip Kumar And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ved Prakash Pandey Counsel for Respondent :- C.S.C.,Narendra Pratap Singh
Hon'ble Pankaj Bhatia,J.
Heard the counsel for the petitioner, learned Standing Counsel and Sri Narendra Pratap Singh, the counsel for the respondent no.4.
The present petition has been filed by the petitioner stating that the petitioner has been served with a notice under section 4 of the Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants) Act 1972, against which the petitioner has filed his objection.
The contention of the counsel for the petitioner is that the petitioner apprehends that without passing a final order on adjudication, as proposed in the show cause notice, the petitioner may be evicted by use of force.
There is no material on record justifying the apprehension of the petitioner at this stage, as such, no interference can be done at this stage.
However, in event the petitioner apprehends his eviction, he may take such remedies as may be advised to him under law.
The writ petition lacks merit and is dismissed .
Order Date :- 13.3.2023 VNP/-
Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ court should interfere at this stage given the petitioner's apprehension of forcible eviction before a final adjudication order.
Dilip Kumar and 5 Others
State Of U.P. and 3 Others
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
