Surya Prakash Kesarwani, J. - (1.) Heard Dr. S.B. Singh, learned counsel for the petitioner and learned standing counsel for the State-respondents.
(2.) This writ petition has been filed praying for the following relief: "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned Order/ Notice dated 24.05.2018 passed by respondent No.3 - Sub Divisional Officer, Robertsganj, Sonbhadra (Annexure No.5 to this writ petition) (ii) issue a writ, order or direction in the nature of mandamus restraining the respondent authorities from proceeding in any manner against the petitioner as well as against the institution in question namely Shanti Niketan Junior High School, Obra, Sonbhadra. (iii) issue any other suitable writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case. (iv) award the cost of the petitioner to the Petitioner."
(3.) Learned counsel for the petitioner submits that the S.D.M. is not the competent authority under the Act and that the impugned notice dated 24.05.2018 is in the nature of an order and, therefore, it deserves to be quashed. Perusal of the impugned notice dated 24.05.2018 shows that it required the petitioner to vacate the disputed land and to pay damages failing which he shall be evicted by force and the damages shall be recovered. In support of his submissions, he referred to an agreement for lease of land and building in favour of the institution in question by lease deed dated 26.05.1978 executed by the Uttar Pradesh Electricity Board, a copy of which has been filed as Annexure-1 to the writ petition, which prima facie would show that a lease of a property was granted in favour of respondent No.5 of which the petitioner is the Manager. He, therefore, submits that the authorities are bound give an opportunity of hearing to the petitioner before passing any order of eviction under Section 4 of the Act.;