Petitioners in all the three writ petitions challenged the eviction notice on the ground that no opportunity had been given to them. It is the contentions of the petitioners that the Executive Officer had no authority to issue the said eviction notice under Section 78(i) of the H.R.& C.E. Act.
2. Learned counsel appearing for the fourth respondent clarifies the position by stating that it is only a similar notice as contemplated under
Section 106 of Transfer of Property Act. In fact, the petitioner is entitled to give reply to same within fifteen days and thereafter as per the procedure, it will be placed before the Joint Commissioner and the Joint Commissioner, after providing opportunity to the petitioner, will decide about the further course of action.
3. In view of the submission made by the learned counsel for the fourth respondent, the petitioners in all the three writ petitions are hereby directed to give reply to the eviction notice within fifteen days from today and thereafter, the Joint Commissioner will pass appropriate orders as contemplated under law duly, by providing opportunity of hearing to the petitioners.
4.With the above observation, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.