Ajit Kumar Sinha, J. - (1.) The present writ petition has been preferred for issuance of an appropriate writ, direction or order for quashing of the entire case and proceedings including order date 12.01.09 of case no. PPAct/Est/2007-0115 dated 10.08.2007 under the Public Premises (Eviction of unauthorized Occupants) Act, 1971 against the petitioner, presently pending before Respondent No.3, as being illegal, unconstitutional, arbitrary and without authority and jurisdiction. The further prayer is for holding that the Estate officer, H.E.C. Ltd. (Respondent No.3) cannot initiate and/or continue any proceedings under the Public Premises (Eviction of unauthorized Occupants) Act, 1971 as there being no notification in the official gazette by the Central Government under Section 3 of the Public Premises (Eviction of unauthorized Occupants) Act, 1971.
(2.) The main contention raised by the counsel for the petitioner is that in absence of any Notification designated authority had no jurisdiction to consider the matter. He has also raised another contention that this fact came to the knowledge of the petitioner through R.T.I. in November, 2008 and thus, the reasoning given by the designated authority is not correct.
(3.) The counsel for the respondent submits that there is provision of appeal under PP Act and it will be in the fitness of thing that the petitioner should exercise alternative remedy available under Section 9 of the PP Act.;