RAMKRISHNA VIVEKANANDA MISSION Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-Court appeal by the writ petitioners is directed against the order dated April 21, 2025 in W.P.A. 1135 of 2025. The said writ petition was filed by the petitioners challenging a notice issued under Sec. 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for brevity 'the Act'). The petitioners questioned the said notice as being defective inasmuch as the grounds on which Sec. 4 was invoked, were conspicuously absent in the notice, which was challenged in the writ petition.

(2.) The learned Single Bench by the impugned order, was of the opinion that the challenge to the show-cause is premature and the petitioners, though have sought to make out a defence of title over the subject property, but such defence has not yet been taken in the eviction proceeding inasmuch as reply to the show-cause notice has not yet been filed. Therefore, the learned Single Bench observed that it is always open to the petitioners to set up a title over the subject property as a defence and if such defence is taken, the Estate Officer is obliged to address the same.

(3.) On behalf of the State, reliance was placed on the decision in the case of Kaikhosrou (Chick) vs. Kavasji Framji Vs. Union of India & Anr. reported in (2019) 20 SCC 705, which, in the opinion of the Hon'ble Single Bench, was not fully applicable to the facts and circumstances of the case. Accordingly, the writ petition was disposed of by directing the appellants to file a reply to the notice issued under Sec. 4(2) of the Act, for which time was extended. Aggrieved by such order, the writ petitioners have filed the present appeal.