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Judgment
7 paragraphs · 262 wordsVipin Sanghi, CJ
1) The petitioners have preferred the present writ petition to seek quashing of the notice dated 25.06.2022 issued to the petitioners alleging that the petitioners are encroaching on a government land situated in Khasra No. 162-kha of Village Rajpur, Tehsil Jaspur, District Udham Singh Nagar. This show cause notice was given by the Sub Divisional Magistrate, Jaspur, in pursuance of the order passed by this Court in Writ Petition (PIL) Nos. 65 of 2011 and 29 of 2016.
2) We have heard the learned counsel.
3) The grievance of the petitioners is that while issuing notice dated 25.06.2022, the respondents have required the petitioners to vacate the premises within seven days. The same is not in accordance with the principles of natural justice, or even the order passed by the Division Bench, which required issuance of a show cause notice and a brief hearing to the notice.
4) According to the petitioners, the land in question is situated in Khasra No. 162-ka of Village Rajpur, Tehsil Jaspur, District Udham Singh Nagar.
5) We dispose of this petition by granting liberty to the petitioners to respond to the show cause notice within next ten days. The SDM shall fix a date for hearing, and after hearing the petitioners, shall pass a reasoned order. In case, the petitioners are aggrieved by the reasoned order that may be passed, the petitioners may avail of their remedies. Till the order is passed, no action shall be taken to evict the petitioners.
6) In sequel thereto, pending application, if any, also stands disposed of.