Show cause notice cannot be challenged in writ proceedings unless issued without jurisdiction

Uttaranchal High Court: A Single Judge Bench comprising of Manoj K. Tiwari, J., dismissed a writ petition as premature holding that there was no scope for interference in the issuance of show cause notice against the petitioner.

It was alleged that the petitioner was an unauthorised occupant over the property in question. A show cause notice was issued against him under Section 4 of U.P. Public Premises (Eviction of Unauthorised Occupants) Act 1972. The petitioner was asked to show cause as to why eviction order not be passed against him. The said show cause notice and the proceedings initiated pursuant thereto were put to challenge in the instant petition.

The High Court, on consideration of the record observed it to be a settled position of law that ordinarily a show cause notice cannot be challenged in a writ petition as it does not give rise to a cause of action. It does not amount to an adverse order which affects the right of any party unless the same has been issued by a person having no jurisdiction/competence to do so. In the instant case, it was not disputed that the Prescribed Authority was competent to issue show cause notice under the Act. Therefore, the Court found no scope of interference with the show cause notice, and the writ petition was consequently dismissed. [Neeraj Bansal v. Prescribed Authority, 2018 SCC OnLine Utt 608, dated 25-6-2018]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.