IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No.1783 of 2009. Raj Kumar Bargoti S/O Late Sri Syoraj Singh and another. … Petitioners. Vs. Prescribed Authority/Sub Divisional Magistrate Haridwar and another. … Respondents. Ms Vijay Laxmi, Advocate, learned counsel for the petitioner. Sri K.P.Upadhyay, learned Addl. C.S.C. for the respondents-State. Date October 29, 2009. P.C.: Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned notice dated 19-9-2009 issued by the respondent no.1 under Section 4(1) of the U.P.Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (for short the Act) against the petitioners. The impugned notice has been assailed by the petitioners on the ground that the petitioners are the owner in possession of plot Nos. 4/8, 4/9, 4/10 and 4/11 situated in village Devpura Ahatmal, which is adjacent to the Bairagi Camp in Kankhal area. The petitioners have also filed Civil Suit against the respondent-State. A suit is also pending before the Revenue Court for the demarcation of the land. 2 Notice under Section 4(1) of the Act (copy Annexure-11 to the petition) has been issued against the petitioner on the ground that the petitioners are in unauthorized occupation of the Gair Bandobasti land measuring 53962 sq.mt. situate at Bairagi Camp, Haridwar and the boundaries of the land in question have been mentioned in the impugned notice and the land belongs to the State Government and is covered within the definition of the public premises. If any land is recorded in the name of the State Government and the land falls within the meaning of public premises as defined in the Act, proceedings for eviction can be initiated and notice under Section 4(1) of the Act can be issued against the encroachers. In the case at hand, a show cause notice was issued on 19-9- 2009 against the petitioners by the Prescribed Authority exercising the powers under the Act. The Prescribed Authority has jurisdiction to issue such notice and it cannot be said that the notice is without jurisdiction. The petitioners may file objection/written statement asserting that the land in question does not belong to the State Government and the same is their own land and they may also adduce evidence in support of their contention before the Prescribed Authority. In the above facts and circumstances, the writ petition is devoid of merit and is liable to be dismissed at the threshold. The writ petition is dismissed in limine. All pending applications also stand disposed of. (B.S.Verma,J.) RCP 3