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2021 Supreme(Raj) 1068

ASHOK KUMAR GAUR
Trilok Chand – Appellant
Versus
Estate Officer, Office of Principal General Manager Telecom District BSNL, Jaipur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Kapil Bardhar, Advocate

JUDGMENT :

Ashok Kumar Gaur, J.

1. The instant petition has been filed by the petitioner challenging the notice dated 23.12.2020 issued under sub-sec. (1) and Clause (b) (ii) of sub-sec. (2) of Sec. 4 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the Act of 171').

2. Learned counsel for the petitioner submitted that the impugned notice does not even mention the description of the property in the schedule and even the grounds are not mentioned as in what manner the petitioner is occupying the premise in unauthorized manner.

3. Learned counsel further submits that the Authorities before issuing even show cause notice are required to look into correct facts and after applying their mind, they can issue notice.

4. Learned counsel further submitted that the bare perusal of the notice which is filed as Annexure-9 shows that the Authority has only put their signature in the notice and filled the date without taking any pain to come to prima facie conclusion that petitioner is in unauthorized occupation.

5. Learned counsel further submitted that the petitioner does not have any remedy except to challenge the notice issued by the Authority in such

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