Tahir Ali vs Union Of India
2023 Latest Caselaw 2733 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       WP No. 3978 of 2023
                                           (TAHIR ALI AND OTHERS Vs UNION OF INDIA AND OTHERS)

                           Dated : 14-02-2023
                                 Shri Mohan Sharma, learned counsel for the petitioners.

                                 Shri Himanshu Joshi, learned Dy. 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/6) passed in file No.PPE/Mhow/6/B.No.69 issued under sub-section (1) and clause (b)(ii) of sub-section (2) of Section 4 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.

I n the meanwhile, further proceedings of show-cause notice dated Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 15-02-2023 12:51:13

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