Ajay Rastogi, J. - (1.) INSTANT petition has been filed by the petitioner against notice dt. 20th August, 2009 [Ann.5] served upon him Under Sections 4 & 5 of Rajasthan Public Premises [Eviction of Unauthorized Occupants] Act, 1964.
(2.) COUNSEL submits that after notice firstly issued Under Section 4 and providing opportunity of hearing to the person affected, the authority may proceed Under Section 5 to evict the occupant, if held to be an unauthorized occupant, against which appeal lies Under Section 9 of the Act. But, in the instant case, composite notice has been served upon the petitioner Under Sections 4 & 5 of the Act certainly denies fair opportunity of hearing to the petitioner.
(3.) WITHOUT going into merits of the matter at this stage, this Court considers it appropriate that reply submitted by the petitioner to the Estate Officer, Sikar dt. 25th February, 2010 be considered by the authority and after affording opportunity to the petitioner as provided Under Section 4 of the Act, may pass order in accordance with law only, thereafter, and if the petitioner feels aggrieved by the final order being passed by the Estate Officer, remedy is available to him by submitting appeal Under Section 9 of the Act.;