SAVITRI PANDEY Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) Heard Mr. Prasad, learned senior counsel for the petitioner and Mr. Sen learned counsel for the respondents.

(2.) In this writ petition the petitioner has challenged the notice under Section 4 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 contained in Annexure7 issued by the Estate Officer, asking the petitioner to show cause as to why he be not removed from the properties, (details of which has been given in the notice) which he was occupying unauthorizedly by constructing a multi storied apartment (Building). The grounds on which the petitioner is challenging the said notice are that the Estate Officer has no jurisdiction to issue the said notice since he had no authority under the law to issue such notice. Secondly, it is submitted that no details of the nature of the unauthorized occupation has been described in the notice and, therefore, it does not fulfill the requirement under Section 4 (a) of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

(3.) In my view, the objection raised by the petitioner with regard to the jurisdiction as well as other objections can very well be raised before the Estate Officer by filing a show cause. I am not inclined to interfere with the notice at this stage. The petitioner, if so advised, may file his show cause raising all his objections, raised in this writ petition, before the Estate Officer. It goes without saying that the Estate Officer, on consideration thereof shall pass an appropriate reasoned order in accordance with law.