- (1.) THE present petition has been preferred mainly against the notice issued by the respondent authorities dated 7th November, 2008 at Annexure -13 to the memo of the petition under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and it is also submitted by learned counsel for the petitioner that the petitioner is also challenging the order at Annexure -15 to the interlocutory application bearing I.A. No. 1008 of 2009 dated 26th November, 2008, preferred in this writ petition. On several grounds referred to in the memo of the petition including the fact that since 1934, the predecessors in title of the present petitioner have purchased the land in question by registered sale deed and, thereafter, the petitioner is in possession and in ownership of the said land since then vested in them. It is also submitted by learned counsel for the petitioner that revenue entries are also in favour of the present petitioner. A reply has also been given (at Annexure -14 to the memo of the petition) to the said show -cause notice at Annexure -13 and the show -cause notice has not yet been decided.
(2.) LEARNED counsel for the respondents submitted that the petitioner has basically challenged the show -cause notice, issued by the respondents at Annexure -13, and the respondents will decide the said show -cause notice, within the stipulated time given by this Court, in accordance with law and after giving an adequate opportunity of being heard to the petitioner or to his representative. The respondents have enough, adequate and proper replies of the allegations, levelled by the present petitioner, but, as this pre -matured petition prior to any decision, and as no final decision has taken under the provisions of the Act, 1971, let first of all, the decisions be taken by the respondent authorities under the Act, 1971. In view of these submissions and looking to the facts and circumstances of the case and looking to challenge to the showcause notice at Annexure -13 to the memo of the petition, issued by the respondents dated 7th November, 2008 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and as the reply has also been given at Annexure -14 to the memo of the petition, I hereby, direct the Estate Officer, South Eastern Railway, Office of the Divisional Railway Manager, Ranchi i.e. respondent no. 5 to decide the said show -cause notice dated 7th November, 2008, within a period of four weeks from the date of receipt of a copy of the order of this Court, in accordance with law, rules, regulations, policies and enforceable Government orders, applicable to the petitioner, after giving an adequate opportunity of being heard to the petitioner or to his representative, and also keeping in mind the contentions of the petitioner about the sale of the property since 1934, which has been pointed out in the reply at Annexure -14 to the memo of the petition. Meanwhile, the respondents are restrained from throwing out or from evicting the present petitioner from the possession, till the decision is taken as the petitioner allege the occupant of the possession since 1973 onwards and there is hospital etc.
(3.) LEARNED counsel appearing for the respondents submitted that the officer namely, Sri Vijay Prasad, S/o - Dr. Chandra Shekhar Prasad is tendering his unconditional apology for not bringing the file on 1st September, 2009 and henceforth, he will not repeat such error and will always be ready, whenever he attains Court.;