C.W.P. No.20552 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.20552 of 2009 Date of Decision.17.10.2011 Dr. Surender Singh Yadav son of Sh. Ram Kumar, r/o H.No.1462, Ward No.7, Village Badshahpur, Tehsil and District, Gurgaon .....Petitioner Versus State of Haryana through Secretary to Government of Haryana, Department of PWD (B&R) Haryana Civil Secretariat, Chandigarh and others .....Respondents Present: Mr. Smarth Sagar, Advocate for the petitioner. Ms. Kirti Singh, DAG, Haryana. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The only point for consideration is the validity of the action for eviction under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 without serving a notice under Section 4 of the Act. It appears that notice Section 4 has also been issued during the pendency of the proceedings. The petitioner will be at liberty to join issues on the notice sent to him and respondent will take appropriate action on the basis of reply in accordance with law. The action taken under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 is quashed and the respondent will take action in accordance with law after receiving the reply pursuant to the notice issued under Section 4 of the Act. 2. The writ petition is disposed of. It is clarified that this order C.W.P. No.20552 of 2009 -2- will not be taken as concluding the issue relating to the alleged unauthorized occupation of the petitioner. It will be in independent action that will follow, depending on the facts brought out through a reply and how the authorities perceive the reply, whether to take action under Section 5 of the Act or not. (K. KANNAN) JUDGE October 17, 2011 Pankaj*