Neutral Citation No. - 2025:AHC:103389-DB Court No. - 40 Case :- WRIT - C No. - 20438 of 2025 Petitioner :- Janak Kapoor Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ashish Dwivedi,Krishna Kumar Singh Counsel for Respondent :- A.S.G.I. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. The following orders were passed by us on 1.7.2025: "Petitioner has been issued a notice by the Defense Estates Officer on 6.5.2025 under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the 'Act of 1971). By this notice the petitioner is called upon to show cause as to why eviction order be not passed against him. The petitioner has submitted a reply to this notice on 15.5.2025. According to the petitioner his reply has not been adverted to and a further notice has been issued on 17.6.2025 which records that possession has already been handed over to the Army of the property on 20.3.2025. By this notice the petitioner has also been called upon to submit documents in respect of his plea of continued possession over the property for long. Learned counsel for the petitioner submits that no order of eviction has so far been passed under Section 5 of the Act of 1971 and the purpose of issuing notice would be frustrated if the authorities proceed in the matter without considering petitioner's objection to the notice issued under Section 4 of the Act of 1971. It is also submitted that the right of the petitioner to file an appeal under Section 9 of the Act of 1971 would also stand frustrated. Sri S.K. Om, appearing for the respondent-authorities prays for and is granted 48 hours time to obtain instructions in the matter. Post as fresh once again on 3.7.2025. In view of the statement made by Sri S.K. Om, learned counsel for the respondents that no further action would be taken and the status quo as on date shall be maintained till the next date in respect of the property in question, we defer the consideration of interim relief application." 2. Shri S.K. Om has obtained instruction from the office concerned dated 2.7.2025 (wrongly mentioned as 2.6.2025), which is taken on record. 3. Learned counsel for the respondent with reference to the instructions states that the object of issuing notice to the petitioner was merely to examine the defence set up by the petitioner in response to the notice issued to him. It is further submitted that in the event the petitioner furnishes requisite materials in support of his claim, the Authority concerned shall pass appropriate orders referable to under Section 5 of the Public Premises Act and only, thereafter, the Authorities shall proceed further in the matter. 4. In view of the stand so taken, we do not find any occasion to interfere in the matter at this stage. The petitioner shall be at liberty to respond to the notice within a week from today by furnishing all details in respect of his claim of continued possession for long. The Authority concerned shall advert to such materials placed by the petitioner and shall be at liberty to pass appropriate orders in accordance with law. 5. This writ petition is, accordingly, disposed of. Order Date :- 3.7.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad