EASTERN TRADING CO Vs. UCO BANK

JUDGEMENT

(1.) These writ petitions were made for the common purpose. Therefore, the Court was pleased to direct to hear out all the writ petitions analogously. Several applications were also made in connection with the main writ petition. However, by making these writ petitions, petitioners wanted cancellation and/or withdrawal of a notice under seal and signature of the Estate Officer under sub section (1) and Clause (b)(iii) of sub section (2) of section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The notice in the nature of show cause is issued to give reply why the eviction should not be made to the respective petitioners. It is apparent that the respective petitioners were called upon in person or through a duly authorized representative capable to answer material questions connected with the matter along with the evidence which is intended to be produced in support of the cause shown at a personal hearing and a further notice was given that in case of failure the matter will be proceeded ex-parte. The grounds cited in the notice are as follows: 1. Reasonable and bonafide own use by the Bank; 2. Sub-letting, assigning whole or part of the occupied portion without written consent of the bank; 3. Non-payment of rent for the period of 6 months and more; 4. Construction and erection of fixtures, structures (temporary and permanent); 5. Damage to the occupied portion; 6. Creating nuisance/mischief in the occupied portion.

(2.) The connected applications are being made for similar prayers. Hence, in hearing the main writ petition 1 do not find any justification to pass any order separately in connection with such applications. Therefore, result of the final disposal of the writ petition will be effective upon such connected applications.

(3.) Sub-section (1) of section 4 of the Act says that if the Estate Officer is of opinion that the persons are in unauthorized occupation of any public premises and that they should be evicted, the Estate Officer will issue, in the manner hereinafter provided, a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. The sub clause (b)(ii) of sub section (2) of such section says that they should appear before the Estate Officer on the dates specified in the notice along with the evidence which they intend to produce in support of the cause shown and also for personal hearing if such hearing is desired. That apart, sub section (2)(a) of such section says that the notice shall specify the grounds on which the order eviction is proposed to be made.