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2025 Supreme(Online)(HP) 4780

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J
Munish Kumar – Appellant
Versus
Union of India and others – Respondent
CWP No. 1798 of 2019 | CWP No.2214 of 2018



Advocates:
For the Appellants/Petitioners: Mr. P.S. Goverdhan, Mr. Rakesh Thakur, Mr. K.D. Sood, Mr. Sanjeev Sood
For the Respondents: Mr. Shashi Shirshoo, Ms. Chehak Khurana

The Court clarified that quashing eviction notices does not inhibit issuing new notices under the appropriate legal provisions.

Headnote:The Court examined relevant provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, determining that notices issued under Section 4 are quashed based on precedents. The facts involved multiple writ petitions regarding eviction notices. The court noted a corresponding case with similar issues. The Court accordingly quashed the impugned notices issued to the petitioners under the specified Act, allowing for fresh notices to be issued. The primary issue was the lawful issuance of eviction notices, framing the core question around procedural correctness. The Court reasoned that quashing does not prevent new notices under proper provisions of the Act. Therefore, the judgment concluded with quashing the prior notices but preserving the respondents' right to issue new ones.

Table of Content
1. procedure for eviction notices (Para 1 , 2)

Ajay Mohan Goel, Judge (Oral When these cases were taken up for considPeration, learned Central Government Counsel submitted t.hat in one of the writ petitions reply has not yet been filed by the respondents.

2. At this stage, learned Senior Counsel appearing for the petitioners has pointed out that alongwith these two writ petitions, another writ petition was preferred by this Court i.e. CWP No. 1800 of 2019, titled Sunil Kumar versus Union of India and others, in which, same issue was involved. Learned Senior Counsel further submitted that said writ petition wash disposed of by the Hon’ble Division Bench of this Court gvide judgment dated 25.11.2019 and interest of justice would i be served in case these petitions are also disposed of in terms of the said judgment passed by the Hon’ble Division Bench with a slight modification that in Para-2 thereof Section 5(A) be mentioned instated of Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

3. Accordingly, these petitions are disposed of by quashing the impugned notices issues to the petitioners under Section 4 of the Act of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 by the respondents., but with liberty to the respondents to issue fresh notices in terms of the appropriate provisions of the Act and quHashing of the notices earlier issued shall have no bearing on the issuance of fresh notices by the respondents. Pending miscellaneous applications, if any, also stand disposed of.

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