Smt. Zehra Victor vs Union Of India
2023 Latest Caselaw 2729 MP

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                          WP No. 3980 of 2023
                                               (SMT. ZEHRA VICTOR Vs UNION OF INDIA AND OTHERS)

                           Dated : 14-02-2023
                                    Shri Rishi Tiwari, learned counsel for the petitioner.

                                    Shri Himanshu Joshi, learned Deputy Solicitor General for Union of
                           India.

                                    Heard on the question of admission as well as on interim relief.
                                    Issue notice to the respondents on payment of process-fee by RAD

mode within a period of seven working days.

Notices be made returnable within four weeks. I n this petition filed under Article 226 of Constitution of India the petitioner has assailed the legality, validity and propriety of notice dated 07/02/2023 (Annexure-P/1) passed in file No.PPE/Mhow/5/B.No.69 issued under Section 4(2)(1)(b)(ii) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (in short the "Act, 1971) by respondent No.2 on the ground that the occupation of the petitioner being unauthorized, therefore, the petitioner is called upon to appear and answer alongwith evidence failing which

an eviction order may be passed.

Learned counsel for the respondent submitted that this writ petition is not maintainable against the show-cause notice.

Learned senior counsel for the petitioner has placed reliance on a judgment of Apex Court in the case of Kaikhosrou (Chick) Kavasji Framji and another Vs. Union of India and another AIR 2019 SC 1692 and submitted that proceedings initiated under Section 4 of the 1971 Act is not maintainable.

Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 15-02-2023 12:51:13

I n the meanwhile, further proceedings of show-cause notice dated 07/02/2023 in pursuance to Section 4 of the Act, 1971 shall remain stayed, till next date of hearing.

C.C. as per rules.

List alongwith W.P. No.3669/2023.

                                  (S. A. DHARMADHIKARI)                  (PRAKASH CHANDRA GUPTA)
                                           JUDGE                                  JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 15-02-2023
12:51:13