Can a High Court Entertain a Writ Against an Eviction Notice When a Statutory Appeal Exists and the Notice Is Formally Defective?

Court Declines Writ, Treats Defective Notice as Prescribed Form Kha, and Directs Time-Bound Appeal with Interim Protection

Summary

What’s New / What Lawyers Should Note

• A statutory appeal remedy must be exhausted before invoking writ jurisdiction against eviction notices.
• Defective eviction notices not issued in the prescribed Form Kha can be regularised by treating them as such.
• Courts may grant time-bound directions to file appeals with condonation petitions and interim relief.
• Appellate authorities are mandated to decide eviction appeals within three months.
• No coercive action can be taken pending disposal of such appeals.

Summary of Legal Reasoning

1. Existence of statutory appeal bars maintainability of writ petition challenging eviction notice.
2. Recognition that defects in notice format can be cured by judicial treatment as prescribed form.
3. Direction to avail appellate remedy within 15 working days and to seek condonation if required.
4. Mandate for appellate authority to conclude proceedings within three months.
5. Issuance of interim protection against coercive eviction until final disposal of appeal.

Arguments by the Parties

Petitioner

• Challenged the eviction notice dated 01.08.2025 issued by the Tahasildar.

Respondent (State)

• Submitted that a statutory remedy of appeal exists against the eviction notice.
• Argued that the petitioner should approach the appellate authority by filing the prescribed appeal.

Factual Background

The petitioner received an eviction notice dated 01.08.2025 from the Tahasildar, Bhuban, and filed a writ petition challenging it. Counsel for the state pointed out the availability of a statutory appeal remedy against the notice. The notice had not been issued in the prescribed Form Kha. The High Court treated the defective notice as Form Kha and directed the petitioner to file an appeal with interim protection within 15 working days. The appellate authority was instructed to decide the appeal within three months, and no coercive action was to be taken pending disposal.

Statutory Analysis

The judgment deals with the requirement that eviction notices be issued in the prescribed Form Kha and recognises that any defect in the format can be cured by judicial treatment. It emphasises the mandatory nature of the statutory appeal remedy under the relevant land revenue law against eviction notices. No constitutional provisions or additional statutory sections were invoked.

Procedural Innovations

• Courts can cure formal defects in eviction notices by treating them as issued in the prescribed form.
• Time-bound directions can be issued for filing appeals and seeking condonation of delay.
• Appellate authorities may be directed to dispose of appeals within a specified period, ensuring expeditious resolution.
• Interim protection against coercive action can be ordered until the appellate process is completed.

Alert Indicators

• ✔ Precedent Followed – Affirmation of the principle that alternate statutory remedies must be exhausted before approaching the High Court.