Show cause notice cannot be challenged in writ proceedings unless issued without jurisdiction

Uttaranchal High Court

Neeraj Bansal
Prescribe Authority Under U.P. … on 25 June, 2018

WPMS No. 1779 of 2018

Hon’ble Manoj K. Tiwari, J.

Mr. Anil Kumar Joshi, Advocate for the petitioner
Mr. R.C. Arya, Standing Counsel for the State/respondent no.1.
Mr. Ashish Joshi, Advocate for respondent no.2.

By means of this petition, under Article 227 of Constitution of India, following reliefs have been sought:

“(i) Issue a writ of certiorari to quash the entire proceeding of the case bearing no. P.P. Act No. 1 of 2017 “Nagar Nigam Dehradun Vs. Neeraj Bansal and another” pending before the Prescribed Authority/City Magistrate, Dehradun.
(ii) Issue a writ of certiorari to quash the notices dated 4.1.2017 issued by respondent no.1 U/s 4(1) of U.P. Public Premises (Eviction of Unauthorized Occupant) 1972.”

Heard learned counsel for the parties.

A show cause notice was issued against petitioner under Section 4 (1) U.P. Public Premises (Eviction of Unauthorised Occupants) Act 1972 alleging that petitioner is unauthorized occupant over property bearing khasra no. 44 (Kha) measuring about 2.2160 hectare situated in Village Dugal Gaon, Teshil Dehradun, which belongs to Nagar Nigam, Dehradun and petitioner was asked to show cause on or before 18.01.2017 as to why eviction order be not passed against him. The said show cause notice and the proceedings initiated pursuant thereto have been put to challenge in the present writ petition.

It is settled position in law that ordinarily a show cause notice cannot be challenged in a writ petition as it does not give rise to a cause of action. It does not amount to an adverse order which affects the right of any party unless the same has been issued by a persona having no jurisdiction /competence to do so. It is not disputed that Prescribed Authority is competent to issue such notice under the aforesaid Act.

Therefore, there is no scope for interference in the writ petition. The writ fails and is hereby dismissed as premature. However, it is provided that petitioner may raise all contentions available to him before the Prescribed Authority which shall be considered in accordance with law.

(Manoj K. Tiwari, J.)

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