Neutral Citation No. - 2025:AHC-LKO:33808-DB Court No. - 2 Case :- WRIT - C No. - 5195 of 2025 Petitioner :- Maqsood Ali And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Deptt. Lko. And 3 Others Counsel for Petitioner :- Mohd. Waris Farooqui Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard. 2. The petitioners have challenged letter written by the Executive Officer, Nagar Palika Parishad, Biswa, Sitapur dated 18.03.2025 addressed to the Sub Divisional Magistrate, Biswa, Sitapur for action against the petitioners under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. As of now no notice has been issued to the petitioners by the competent authority under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 but it appears that based thereon some case has been registered by the Sub Divisional Magistrate, Biswa, Sitapur. The contention is that the land being covered by the provisions of the erstwhile U.P. Zamindari Abolition and Land Reforms Act, 1950, which has been substituted by the U.P. Revenue Code, 2005, the proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 are not maintainable in view of the decision of the Hon'ble Supreme Court in the case of State of Uttar Pradesh (Now Uttarakhand) vs. Rabindra Singh reported in (2009) 6 SCC 691. It is also stated that though the letter of the Executive Officer is in respect of gata no.689 infact the petitioner is not in possession of the same but is in possession of gata no.690, which is abadi land. The grievance is that the said letter contains the name of the petitioners. Be that as it may, as and when a notice is issued by the Sub Divisional Magistrate, Sitapur, if at all it is issued, or if the petitioners so choose they themselves may appear in the said case and raise objection about the maintainability of the proceedings on the aforesaid ground, whereupon the said objection shall be considered and decided. If any such objection is made, it shall be decided within three weeks from the date of its submission. 3. The writ petition is, accordingly, disposed of. (Om Prakash Shukla, J.)(Rajan Roy, J.) Order Date :- 30.5.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench