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2022 Supreme(P&H) 590

SUDHIR MITTAL
Sajjan Singh – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Mr. S.K. Rajput, Advocate; for the Petitioner; Mr. Ashish Rawal, Advocate; for Respondent No. 1 - Uoi

JUDGMENT

Sudhir Mittal, J. (Oral) - The petitioner alleges that his father was allotted the land in dispute by the respondents. After his death the petitioner has continued in possession. Vide notice dated 13.05.2021 (Annexure P-2) he was directed to vacate the land in dispute within seven days as he was in unauthorized possession thereof. On receipt of the said notice, a suit for permanent injunction was filed which is allegedly pending. Meanwhile, notice dated 30.03.2022 (Annexure P-4) has been issued by the Estate Officer under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. This notice is under challenge in the writ petition.

2. Learned counsel for the petitioner has submitted that no reasons have been given in the notice impugned and, thus, the same deserves to be quashed. That apart, the said notice is without jurisdiction as a civil suit is already pending.

3. A perusal of Section 4 of the aforementioned Act shows that upon receipt of information of any person being in unauthorized occupation of a publicpremises, the Estate Officer has the jurisdiction to issue notice. The provision does not require any reasons to be given in support of the alle

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