RANJEET KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Seeking quashing of notice dated 01.12.2011 in connection with Eviction Case No. 02/TPH/2011 passed by the Estate Officer, the present writ petition has been filed. The brief facts of the case are that, the S.D.O., Rajmahal settled the land (Railway B Class) in favour of Seikh Mohammad Ali in the year 1951 in Mutation Case No. 43 of 1951 -52. Thereafter, Seikh Mohammad Ali sold the land to M.Q. Ali and M.Q. Ali sold the land to Zamila Khatoon and Zamila Khatoon later on sold the land to Ashmar Khatoon through registered sale deed and Ashmar Khatoon sold the land to Abdul Zalil. Thereafter, Abdul Zalil sold the land to Gokul Chandra Dutta and his brothers. The petitioner purchased the said land through registered sale deed dated 21.07.1999 from Kumud Shankar Dutta who is the brother of Gokul Chandra Dutta. The petitioner has been residing over the said land. A notice dated 01.12.2011 was issued under Sec. 4(1) of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and on the same day order dated 01.12.2011 was passed under Sec. 5(1) of the Act.

(2.) Heard the learned counsel for the parties.

(3.) The learned counsel for the petitioner referring to Sec. 4 of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 submits that, the show -cause under Sec. 4 of the Act mandates minimum 7 days' time for reply however, without awaiting the reply of the petitioner, vide order dated 01.12.2011 the petitioner was directed to vacate the land in question within a period of 30 days. It is further submitted that, the notice under Sec. 4 of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 does not specify the boundaries of the land and therefore, the impugned notice as well as order both dated 01.12.2011 are liable to be quashed. The learned counsel for the petitioner relies on decision in "Sri Shambhu Dutta alias Shambhu Dutta v/s. Union of India and others", reported in : 2013 (1) JCR 337 (Jhr) : ( : AIR 2013 Jha 99), and in "Binod Kumar Choudhar v/s. Union of India and others", reported in, 2013 (2) JCR 576 (Jhr).