CWP-6255/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.6255/2010 Yashwant Singh Versus. The Estate Officer & ors. DATE OF ORDER : 30/04/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. JP Goyal, for petitioner. Instant writ petition has been filed by petitioner against the proceedings initiated by the Estate officer under Section 4 and 5 of the Public Premises (Eviction of Un-authorized Occupants) Act, 1964. Counsel submits that after the notice was served, the petitioner, apart from filing reply, has raised certain preliminary objections in regard to the jurisdiction being exercised by the Estate Officer under the Act, 1964 with regard to maintainability of such notice being served but the Estate Officer has failed to consider and decide the preliminary objections raised and if the same remain pending consideration and not taken note of by the Estate officer, it may certainly cause prejudice to the petitioner. This appears to be the mere apprehension of the petitioner. When the application has been filed raising preliminary objections, it is always expected from the authority to decide in CWP-6255/2010 2 accordance with law. However, since the instant writ petition has been filed with the sole apprehension, this Court considers it appropriate to clarify that the Estate Officer, while deciding the notice being served upon the petitioner under Section 4 and 5 of the Act, 1964, may also consider the preliminary objections raised and the same may also be decided while disposing of the proceedings initiated by passing a speaking order in accordance with law. With these directions/observations, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu/p.2/ 6255-CW-2010-final.doc