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Judgment
7 paragraphs · 263 wordsVipin Sanghi, CJ
The petitioner has preferred the present writ petition to seek quashing of the notice dated 19.05.2022 issued to the petitioner alleging that the petitioner is encroaching on a government land situated in Khasra No. 346 of Village Meghawala, 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.
We have heard the learned counsel.
The grievance of the petitioner is that while issuing notice dated 19.05.2022, the respondents have required the petitioner to vacate the premises within ten 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 noticee.
According to the petitioner, the land in question is situated in Khasra No. 344 Min of Village Meghawala, Tehsil Jaspur, District Udham Singh Nagar.
We dispose of this petition by granting liberty to the petitioner to respond to the show cause notice within next ten days. The SDM shall fix a date for hearing, and after hearing the petitioner, shall pass a reasoned order. In case, the petitioner is aggrieved by the reasoned order that may be passed, the petitioner may avail of his remedies. Till the order is passed, no action shall be taken to evict the petitioner.
In sequel thereto, pending application, if any, also stands disposed of.