Nawab Ali vs Estate Officer [Sub Divisional Officer] and Others

Ajay Rastogi, J.—Instant petition has been filed by the petitioner against notice dt. 20th August, 2009 [Ann.5] served upon him Under Sections 4 & 5 of Rajasthan Public Premises [Eviction of Unauthorized Occupants] Act, 1964.

Counsel submits that after notice firstly issued u/s 4 and providing opportunity of hearing to the person affected, the authority may proceed u/s 5 to evict the occupant, if held to be an unauthorized occupant, against which appeal lies u/s 9 of the Act.

But, in the instant case, composite notice has been served upon the petitioner Under Sections 4 & 5 of the Act certainly denies fair opportunity of hearing to the petitioner.

Without going into merits of the matter at this stage, this Court considers it appropriate that reply submitted by the petitioner to the Estate Officer, Sikar dt. 25th February, 2010 be considered by the authority and after affording opportunity to the petitioner as provided u/s 4 of the Act, may pass order in accordance with law only, thereafter, and if the petitioner feels aggrieved by the final order being passed by the Estate Officer, remedy is available to him by submitting appeal u/s 9 of the Act.

With these directions/observations, writ petition stands disposed of.

However, till the matter is being decided by the Estate Officer in pursuance of notice dt.20th August, 2009 [Ann.5], the petitioner will not be dispossessed from the property in question. However, he will continue to make payment of agreed rent till passing of order by the authority.