Petitioner challenged eviction notice for denial of personal hearing. Court directed respondent to issue fresh notice to all occupants and restrained implementation of impugned order pending outcome.
Fresh show cause notice to be issued to all 1140 occupants within three weeks; no adverse steps on impugned order pending final outcome.
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JOGINDER KUMAR .....Petitioner
Through: Mr. Shekhar Nanavati and Mr. Abhilash, Advs.
versus
UNION OF INDIA & ANR. .....Respondents Through: Mr. Balendu Shekhar(CGSC), Mr. Krishna Chaitanya, Mr. Rajkumar Maurya, Mr. Divyanshi Singh Dev and Ms. Tanisha Samanta, Advs.
CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 06.10.2025
reliefs:-
“(a) Issue a Writ of Mandamus thereby setting Aside impugned Order/ notice dated 15.09.2025 passed by the respondent no.2, i.e. Ld. Estate Officer, under Section 5A of the Public Premises Eviction Act, 1971 in an arbitrary, illegal, ultra-vires and impromptu manner;
(b) Issue appropriate Writ directing the respondent no.2 to issue fresh show cause notice under section 5 A PPE Act, 1971 and to provide opportunity of being heard/proper hearing in terms of well established principle of natural justice without any premeditated mind set, in the interest of justice and fair play;
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2025 at 14:35:26
(c) Issue an appropriate Writ thereby restraining the respondent no.1-department from taking any detrimental action against the petitioner till the proper/ personal hearing is provided to the petitioner and an order is passed by the respondent no.2 thereafter, in the interest of justice and fairplay. ”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2025 at 14:35:26
notice but also proceeded to hold that “... ...in the event of your refusal or failure to comply with this notice within the period specified above, the said goods/ animal, cattle/ work, etc. shall be removed by the undersigned in the capacity of Estate Officer or any other officer authorized by the undersigned and the cost of such removal shall be recovered from you as arrears of land revenue.” Thus, according to the learned counsel for the petitioner, the petitioner does not have sufficient time to present his case before the learned Estate Officer.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2025 at 14:35:26
SAURABH BANERJEE, J.
BOCTOBER 06, 2025/NA
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2025 at 14:35:26
1 issue framed by the court
Whether a fresh show cause notice must be issued and implementation of the impugned order stayed given denial of personal hearing.
1 provisions across 1 enactments
Joginder Kumar
Union of India
Ld. Estate Officer
Saurabh Banerjee
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
