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2026 DAILYLAW 6235 (UTT)

BHOLA ALIAS CHHEDI LAL v. DISTRICT MAGISTRATE

WPMS/1655/2026 · 2026-06-02

Pankaj Purohit

body2026

Judgment text

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2026:UHC:4396 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No.1655 of 2026 Hon'ble Pankaj Purohit, J. Mr. M.K. Ray, learned counsel for the petitioner. 2. Mr. Devendra Pant, learned S.C. for the State/ respondent no.1. 3. Mr. Rajesh Sharma, learned C.G.S.C. for the Union of India/respondent nos.2 to 5. 4. By means of this writ petition, petitioner has sought quashing of notice dated 15.05.2026 and subsequent notice dated 22.05.2026 both issued by respondent no.5 respectively. 5. Vide notice dated 15.05.2026, petitioner was called upon to remove encroachment within a period of four days else it was directed that the encroachment would be removed by the railway administration itself without any prior intimation. When the said encroachment was not removed by petitioner, subsequent show cause notice dated 22.05.2026, annexure no.3 to the writ petition, was issued to the petitioner under Section 4 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971. 6. It is admitted to the learned counsel for the petitioner that the petitioner has not given reply to the show cause notice dated 22.05.2026 and has straightway approached this Court. 7. It appears that since respondent no.5-Railways has initiated legal proceedings for eviction of petitioner for removing his unauthorized encroachment from the land of railways, therefore, the petitioner should first file his reply to the show cause dated 22.05.2026 before the Estate Officer. 8. Accordingly, present writ petition is disposed of and it is provided that the petitioner shall file reply to the said show cause notice, in accordance with law, to the Estate Officer within a further period of 7 days from today. 9. Let a certified copy of this order be supplied to the learned counsel for the parties, today itself, on payment of usual charges. (Pankaj Purohit, J.) 02.06.2026 R.Dang