Union Of India And Anr vs Delhi Race Club (1940) Ltd on 26 May, 2026

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    Delhi High Court

    Union Of India And Anr vs Delhi Race Club (1940) Ltd on 26 May, 2026

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                     *        IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                                                            Judgment reserved on: 15.05.2026
                     %                                      Judgment delivered on: 26.05.2026
    
                     +        LPA 336/2026 & CM APPLs. 30157-59/2026
                              UNION OF INDIA AND ANR                                ....Appellants
                                                Through:    Mr.Chetan Sharma, ASG with
                                                            Mr.Ashish K. Dixit, CGSC, Mr.Umar
                                                            Hashmi,              Mr.R.V.Prabhat,
                                                            Mr.Shubham     Sharma,     Mr.Yash
                                                            Wardhan Sharma, Mr.Naman, Ms.Iqra
                                                            Sheikh, Mr.Gaurav, Advs, Mr.Bipin
                                                            Bhatt, S.O.
    
                                                versus
    
                              DELHI RACE CLUB (1940) LTD                         .....Respondents
                                                Through:    Mr. Suhail Dutt, Sr. Adv. with
                                                            Mr.Azhar   Alam,  Mr.   Sankalp
                                                            Goswami, Advs.
    
                              CORAM:
                              HON'BLE THE CHIEF JUSTICE
                              HON'BLE MR. JUSTICE TEJAS KARIA
    
                                                    JUDGMENT
    

    DEVENDRA KUMAR UPADHYAYA, C.J.

    CHALLENGE

    SPONSORED

    1. This intra-court appeal assails the order dated 24.04.2026 passed by
    learned Single Judge in W.P.(C) 5608/2026 instituted by the respondent
    whereby a direction has been issued by learned Single Judge that the

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    appellant no.2 shall not proceed further with the show cause notice dated
    17.04.2026 till the next date of hearing.

    2. The respondent, by instituting the writ petition before the learned
    Single Judge, sought a writ of certiorari quashing, setting aside and
    cancelling the show cause notice dated 17.04.2026 issued by appellant no.2
    under Section 4(1) and 4(2)(b)(ii) of the Public Premises (Eviction of
    Unauthorized Occupants) Act, 1971 [hereinafter referred to as the „P.P.
    Act’]. A further prayer has also been made in the writ petition to quash, set
    aside and cancel the proceedings initiated by issuing the said notice dated
    17.04.2026.

    FACTS

    3. The show cause notice dated 17.04.2026 has been issued by the
    appellant no.2 to the respondent in terms of the provisions contained in
    Section 4 of the P.P. Act, calling upon it as to why the order of eviction
    should not be made. The notice further requires the respondent to appear in
    person or through an authorised representative along with evidence, which
    the respondent intends to provide in support of the show cause and also for a
    personal hearing. It further stipulates that if the respondent fails to appear on
    the date fixed, the matter shall be proceeded ex-parte.

    4. The show cause notice has been issued in respect of a lease granted by
    the appellant no.1 in favour of the respondent on 08.03.1926, pertaining to a
    plot of land admeasuring 84.484 acres, which is more explicitly described in
    the schedule appended to the Lease Deed dated 08.03.1926. The lease was
    granted for the use of the land as “Race Course” for a period of 25 years.
    Clause 6 of the lease provides that the term of the lease can be extended for a

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    further period of 25 years from the expiration of the term of the lease. The
    lease was extended from time to time and stood determined, as per the show
    cause notice on 31.12.1994 by afflux on time on expiry of the last extension.
    It is also to be noticed that on 25.06.1985, a substantial area of the land in
    question was resumed by the appellant and allotted for certain public
    purposes, including allotment to the Ministry of Defence. However, the
    respondent has continued to be in occupation of the remaining portion of the
    land.

    5. On 25.10.1999, treating the occupation of the respondent as
    unauthorised on expiry of the last extension of the term of lease on
    31.12.1994, a show cause notice was issued to the respondent under Section
    4 of the P.P. Act, calling upon the respondent to show cause as to why an
    order of eviction and recovery of dues, including damages for unauthorised
    occupation, may not be passed.

    6. The said show cause notice dated 25.10.1999 was, however,
    challenged by the respondent by instituting the proceeding of W.P.(C)
    7822/1999 before this Court and in these proceedings initially this Court had
    granted a stay on further proceedings before the Estate Officer. During the
    pendency of the said writ petition, the respondent is said to have submitted a
    representation dated 19.12.2011 seeking extension/renewal of the lease in
    respect of the land in question.

    7. W.P.(C) 7822/1999 was finally disposed of by a learned Single Judge
    of this Court vide his order dated 09.07.2012, whereby the show cause notice
    dated 25.10.1999 was quashed and a liberty was given to the appellant to
    decide the representation dated 19.12.2011 preferred by the respondent. It

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    was also provided that in the event of rejection of the representation dated
    19.12.2011, the appellant would be free to determine the lease and re-enter
    the subject premises as the respondent was said to be in arrears of ground
    rent, etc. Pursuant to the order dated 09.07.2012 passed by this Court in
    W.P.(C) 7822/1999, the representation of the respondent, dated 19.12.2011
    was processed and a letter of demand dated 22.07.2013 was issued to the
    respondent in respect of the outstanding dues whereby total amount
    recoverable from the respondent was shown to be Rs.3,48,82,723/-. The
    respondent deposited the said amount of Rs.3,48,82,723/- on 23.08.2013 and
    26.08.2013, which was received by the appellant towards dues as mentioned
    in the letter of demand dated 22.07.2013.

    8. As per the appellant, the request of the respondent for
    extension/renewal of the lease was examined; however, it was not acceded to
    in view of the requirement of the subject land for government/public
    purposes, including defence and security considerations, and accordingly, no
    further extension/renewal of the lease was granted in favour of the
    respondent. It is also stated on behalf of the appellant that a notice was
    issued on 13.11.2017 to the respondent calling upon it to show cause as to
    why proceedings for eviction should not be initiated in accordance with law.
    Another notice is said to have been issued by the appellant to the respondent
    on 09.03.2022 for alleged breaches of terms and conditions governing the
    subject premises, including misuse of the land and alleged unauthorised
    construction.

    9. On 12.03.2026, an eviction/vacation notice was issued to the
    respondent by the appellant to vacate the land in question and handover its
    peaceful possession to the appellant. The said notice clearly stated that

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    failure to comply would entail initiation of appropriate proceedings for
    eviction and recovery of dues in accordance with law. A civil suit, being CS
    (OS) 253/2026 was instituted by the respondent before this Court,
    challenging the validity and legality of the notice dated 12.03.2026 and
    seeking certain other reliefs in respect of the proposed action of eviction.
    The said suit was disposed of by this Court on 09.04.2026. This Court, in its
    order dated 09.04.2026, while disposing of the suit, has clearly recorded that
    any action for dispossession of the respondent from the subject premises
    would be taken only in accordance with due process of law. It is thereafter
    that the notice impugned in the writ petition, dated 17.04.2026 has been
    issued by the appellant no.2 to the respondent under Section 4(1) and
    4(2)(b)(ii) of the P.P. Act. The notice dated 17.04.2026 has been challenged
    by the respondent, as stated above, by instituting the W.P.(C) 5608/2026
    before the learned Single Judge and it is in the proceeding of this writ petition
    that the impugned order has been passed on 24.04.2026, whereby it has been
    directed that proceedings pursuant to the show cause notice dated 17.04.2026
    shall stand deferred. It is this order passed by learned Single Judge, which
    has been assailed by the appellants by instituting the proceedings of the
    instant intra-court appeal.

    ARGUMENTS ON BEHALF OF APPELLANTS

    10. Mr. Chetan Sharma, learned Senior Advocate and Additional Solicitor
    General of India, representing the appellants, has submitted that the writ
    petition against the show cause notice issued under Section 4 of the P.P. Act
    ought not to have been entertained by the learned Single Judge under Article
    226
    of the Constitution of India. He has further argued that all opportunity is
    available to the respondent to reply to the show cause notice issued by the

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    Estate Officer, wherein all pleas which may be available to the respondent
    can be taken, including the challenge to the issuance of the show cause notice
    itself and therefore, exercise of jurisdiction by the learned Single Judge in the
    writ petition while passing the impugned order, is erroneous.

    11. Referring to a judgment of a Division Bench of this Court in Escorts
    Heart Institute & Research Centre Ltd. v. DDA & Anr.
    , 2007 SCC OnLine
    Del 1180, Sh. Sharma has argued that in view of the definition of the
    expression, “unauthorised occupation” occurring in Section 2(g) of the P.P.
    Act, the respondent is an unauthorised occupant of the premises in question
    and therefore, the appellant has taken recourse to appropriate process of law
    seeking eviction of the respondent by invoking the jurisdiction of the Estate
    Officer under Section 4 of the P.P. Act. His submission, thus, is that the
    show cause notice, which is under challenge before learned Single Judge, is
    lawful and accordingly, the respondent needs to submit a reply to the said
    show cause notice and participate in the proceedings.

    12. Sh. Sharma has also argued that ordinarily challenge to a show cause
    notice issued by the competent authority under a statute cannot be made in
    writ jurisdiction and since the show cause notice has been issued in
    accordance with law and jurisdiction of the Estate Officer has rightly been
    invoked by the appellant no.1, interference with the proceedings pursuant to
    the said show cause notice by passing the impugned order, whereby the
    proceedings have been deferred, is unwarranted and uncalled for. He has
    further argued that Escorts Heart Institute (supra) has considered the
    Hon‟ble Supreme Court‟s judgment in Express Newspapers Private
    Limited v. Union of India
    , (1986) 1 SCC 133 and also a Five Judges Bench
    Judgment of Hon‟ble Supreme Court in Ashoka Marketing

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    Limited v. Punjab National Bank
    , AIR 1991 SC 855 and has held that the
    expression “unauthorized occupation” as used in P.P. Act includes a person,
    who is found to have occupied any public premises without lawful authority
    as well as those whose occupation was permissive at the inception and
    subsequently ceased to be authorised.

    13. Submission on behalf of the appellant no.1 is that the definition of the
    term “unauthorised occupation” as occurring in Section 2(g) of the P.P. Act
    covers continuance of occupation by any person of any public premises after
    the grant or transfer has expired or determined for any reason whatsoever. It
    is the argument of Sh. Sharma that admittedly the term of the lease has
    expired on 31.12.1994 and in absence of any extension of the term of the
    lease or its renewal or grant of a fresh lease, the respondent is an
    unauthorised occupant in terms of Section 2(g) of the P.P. Act and therefore,
    the jurisdiction of the Estate Officer has rightly been invoked under Section 4
    of the P.P. Act.

    14. Reference has also been made on behalf of the appellants to a
    judgment of this Court in Anant Raj Agencies Pvt. Ltd. v. Delhi
    Development Authority
    , 2012 SCC OnLine Del 6406.
    In Anant Raj
    Agencies
    (supra), a suit was instituted before the civil court, which was
    dismissed on a preliminary issue that the jurisdiction of the civil court was
    barred under the provisions of the P.P. Act. In the said case, the plaintiff
    claimed to have purchased the suit property under a compromise decree, and
    it was pleaded that the defendant – Delhi Development Authority had
    initiated the proceedings before the Estate Officer under the P.P. Act,
    whereupon a show cause notice was issued calling upon the plaintiff to show
    cause as to why the plaintiff should not be evicted from the suit premises. In

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    these facts, the learned trial court held that the civil court does not have the
    jurisdiction in view of Section 10 read with Section 15 of the P.P. Act, which
    clearly stipulates that no courts shall have jurisdiction to entertain any suit or
    proceeding in respect of the eviction of any person who is in unauthorised
    occupation of any public premises.

    15. The plaintiff in Anant Raj Agencies (supra) challenged the order of
    the trial court whereby the suit was dismissed on the ground that it was not
    maintainable. While dismissing the appeal, this Court inter alia observed
    that the jurisdiction of civil courts is barred from entertaining any suit and
    further that notice issued by the Estate Officer under Section 4 of the P.P. Act
    is an order of taking cognizance of the matter. The Court further held that
    once unauthorised occupant of any public premises is issued a notice under
    Section 4 of the P.P. Act for showing cause and adducing evidence before the
    Estate Officer, he is required to show his cause and produce the defence to
    the Estate Officer, but he cannot come to the civil court for restraining the
    Estate Officer from proceeding pursuant to the notice issued under Section 4
    of the P.P. Act.
    Sh. Chetan Sharma, placing reliance on Anant Raj Agencies
    (supra), has stated that once a notice is issued under Section 4 of the P.P. Act
    by the Estate Officer, the only course open to the noticee is to respond to the
    notice and therefore, according to Sh. Sharma, learned Single Judge has
    completely ignored all these aspects of the matter and has proceeded to pass
    the order deferring the proceedings before the Estate Officer pursuant to the
    show cause notice.

    16. On behalf of the appellants, it has also been argued that no reason
    whatsoever, even for the namesake, has been assigned by learned Single
    Judge while passing the impugned order except observing therein that,

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    “looking at the chequered history of the previous litigation between the
    parties as noted hereinbefore, and in the peculiar facts and circumstances of
    the case, this Court is of the considered opinion that the matter requires
    consideration”. It has further been argued that in consonance with the
    principles relating to the grant of an interim order determination of the issue
    of a prima facie case, irreparable loss and balance of convenience has not
    been made, which itself would suffice for this Court to set aside the
    impugned order passed by the learned Single Judge.

    ARGUMENTS ON BEHALF OF RESPONDENT

    17. Mr. Suhail Dutt, learned senior counsel representing the respondent,
    while opposing the instant appeal, has made the following submissions:-

    (i) that the impugned order passed by the learned Single Judge, being
    purely interlocutory in nature, is not amenable to challenge in the
    proceedings of the instant intra-court appeal for the reason that under Clause
    10 of the Letters Patent, the remedy of intra-court appeal is available only
    against a judgment passed by learned Single Judge and not against an
    interlocutory order. In this respect, reliance has been placed by the learned
    counsel for the respondent on the judgments of the Hon‟ble Supreme Court in

    (i) Shah Babulal Khimji v. Jayaben D. Kania (1981) 4 SCC 8 (ii)
    Midnapore Peoples’ Coop. Bank Ltd. v. Chunilal Nanda
    , (2006) 5 SCC
    399, and (iii) Shyam Sel & Power Ltd. v. Shyam Steel Industries Ltd.
    ,
    (2023) 1 SCC 634. Reference has also been made in support of this
    submission to the judgment of the Division Bench of this Court in MCD v.

    Krishan Kumar, 2025 SCC OnLine Del 316;

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    (ii) It has also been argued on behalf of the respondent that there is no
    absolute bar for this Court to entertain a writ petition under Article 226 of the
    Constitution of India challenging a show cause notice. In this respect, it has
    been argued that ordinarily challenge to a show cause notice is not available
    before this Court in writ jurisdiction, however, as laid down by Hon‟ble
    Supreme Court in J. Sri Nisha v. Enforcement Directorate, 2026 SCC
    OnLine SC 517, interference by this Court in proceeding under Article 226
    of the Constitution of India at the stage of show cause notice is permissible in
    certain circumstances such as, (i) where the notice suffers from patent lack of
    jurisdiction, (ii) where it reflects non application of mind, (iii) show cause
    notice is issued with a pre-determined or pre-meditated approach and (iv) in
    case the show cause notice amounts to abuse of process of law or results in
    violation of principles of natural justice. It has been argued that in such
    situations, this Court would be justified in exercising its jurisdiction under
    Article 226 of the Constitution of India.

    Drawing our attention to the order passed by learned Single Judge of
    this Court on 09.07.2012 in W.P.(C) 7822/1999, which was instituted by the
    respondent against an earlier show cause notice under Section 10 of the P.P.
    Act, dated 25.10.1999 it has been stated by learned counsel for the
    respondent that once the said show cause notice was quashed being patently
    illegal in law, it was not open to the appellants to have taken recourse to
    issuing the impugned show cause notice for eviction on the same grounds on
    which the earlier notice dated 25.10.1999 was issued.

    Learned counsel for the respondent has stated that the order dated
    09.07.2012, while quashing the earlier notice dated 25.10.1999, has observed
    that neither the lease was determined nor was there any re-entry and since the

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    notice dated 25.10.1999 was not preceded by determination of the lease as
    such, the said notice was illegal. His submission is that once a similar notice
    has been found by this Court in its order dated 09.07.2012 to be bad in law,
    the fresh notice which is impugned in the writ petition could not have been
    issued by the Estate Officer under Section 4 of the P.P. Act and issuance of
    such a notice is nothing but tantamount to abuse of the process of law and
    also reflects pre-determined and pre-meditated approach by the appellant
    no.1 in taking recourse to proceedings under Section 4 of the P.P. Act. It is
    in this respect that reliance has been placed on behalf of the respondents on J.
    Sri Nisha
    (supra).

    (iii) Basis the law laid down by Hon‟ble Supreme Court in J. Sri Nisha
    (supra), it has been argued on behalf of the respondent that since the show
    cause notice, which is under challenge before the learned Single Judge, has
    been issued by the Estate Officer, who patently lacks the jurisdiction to issue
    such a notice in view of the order of learned Single Judge dated 09.07.2012
    and issuance of the notice reflects pre-meditated mind of the appellants, as
    such the writ petition before learned Single Judge is maintainable and,
    therefore, the learned Single Judge has rightly passed the impugned order
    deferring the proceedings pursuant to the show cause notice dated
    17.04.2026.

    ISSUES

    18. On the basis of the pleadings available on record and the respective
    submissions made by learned counsel for the parties, the following issues
    emerge for our consideration and adjudication:

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    (a) As to whether, the instant intra-court appeal against the impugned
    order dated 24.04.2026 passed by the learned Single Judge is maintainable
    and as to whether, the impugned order is a “Judgment” for the purpose of
    invoking remedy of intra-court appeal under Clause 10 of the Letters Patent.

    (b) As to whether, the impugned order passed by learned Single Judge is
    vitiated, as no reason has been assigned for deferring the proceedings
    pursuant to the show cause notice dated 17.04.2026, and consequently, the
    proceedings emanating from the show cause notice have been put to a halt by
    the impugned order without any reflection in the impugned order of a prima
    facie case, irreparable loss and balance of convenience.

    DISCUSSION AND CONCLUSION

    19. For appropriately deciding issue (a) as culled out above, we need to
    extract Clause 10 of the Letters Patent constituting the High Court of
    Judicature at Lahore dated 21.03.1919 which is applicable to this Court.
    Clause 10 of the Letters Patent reads as under:

    “10. Appeals to the High Court from Judges of the Court–
    And we do further ordain that an appeal shall lie to the said
    High Court of Judicature at Lahore from the judgment (not
    being a judgment passed in the exercise of appellate
    jurisdiction in respect of a decree or order made in the exercise
    of appellate jurisdiction by a Court subject to the
    Superintendence of the said High Court, and not being an order
    made in the exercise of revisional jurisdiction, and not being a
    sentence or order passed or made in the exercise of the power
    of Superintendence under the provisions of Section 107 of the
    Government of India Act, or in the exercise of criminal
    jurisdiction) of one Judge of the said High Court or one Judge
    of any Division Court, pursuant to Section 108 of the
    Government of India Act, and that notwithstanding anything
    hereinbefore provided an appeal shall lie to the said High

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    Court from a judgment of one Judge of the said High Court or
    one Judge of any Division Court, pursuant of Section 108 of the
    Government of India Act, made on or after the first day of
    February, one thousand nine hundred and twenty-nine in the
    exercise of appellate jurisdiction in respect of a decree or order
    made in the exercise of appellate jurisdiction by a Court subject
    to the Superintendence of the said High Court where the Judge
    who passed the judgment declares that the case is a fit one for
    appeal; but that the right of appeal from other judgments of
    Judges of the said High Court or of such Division Court shall
    be to Us, Our heirs or Successors in our or their Privy Council,
    as hereinafter provided.”

    20. The jurisdiction of intra-court appeal available in Clause 10 of the
    Letters Patent has been saved by Section 5 of Delhi High Court Act, 1966
    [hereinafter referred to as the „Act, 1966′] which provides that this Court
    shall have all such original, appellate and other jurisdiction as under the law
    in force immediately before the appointed day was exercisable in respect of
    territories by the High Court of Punjab. “Appointed Day” has been defined
    under Section 2 of the Act, 1966 to mean the day appointed under Section 3.

    21. Section 3 of the Act, 1966 provides that the Central Government, by
    way of a notification in the Official Gazette, appoint a day and from such day
    the High Court of Delhi shall come into existence. The notification under
    Section 3 was issued on 31.10.1966 and, therefore, in view of the provisions
    contained in Section 5 of the Act, 1966 this Court possess all such original,
    appellate and other jurisdiction which was exercisable by the High Court of
    Punjab; thus, this Court exercises the jurisdiction of intra-court appeal by a
    Division Bench of this Court against the judgment of a learned Single Judge.

    22. Section 10 of the Act, 1966 provides that where a Single Judge of this
    Court exercises ordinary original civil jurisdiction, an appeal shall lie from

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    the judgment of the Single Judge to a Division Bench of this Court. Section
    10
    of the Act, 1966, reads as under:

    “10. Powers of Judges. –(1) Where a single Judge of the High
    Court of Delhi exercises ordinary original civil jurisdiction
    conferred by sub-section (2) of section 5 on that Court, an
    appeal shall lie from the judgment of the single Judge to a
    Division Court of that High Court.

    (2) Subject to the provisions of sub-section (1), the law in force
    immediately before the appointed day relating to the powers of
    the Chief Justice, single Judges and Division Courts of the High
    Court of Punjab and with respect to all matters ancillary to the
    exercise of those powers shall, with the necessary
    modifications, apply in relation to the High Court of Delhi.”

    23. What is noticeable is that provisions contained in Clause 10 of the
    Letters Patent, as also in Section 10 of the Act, 1966, provide for an intra-
    court appeal which lies from the “Judgment” of the Single Judge to a
    Division Bench of this Court. So far as intra-court appeal against a decision
    of a learned Single Judge exercising ordinary civil jurisdiction is concerned,
    the expression “Judgment” has to derive its meaning from the Code of Civil
    Procedure
    , 1908 [hereinafter referred to as „CPC‘] [see University of Delhi
    and Anr. V. Hafiz Mohd. Said & Ors
    , AIR 1972 Delhi 102, a five-bench
    judgment of this Court].

    24. The expression “Judgment” occurring in Letters Patent of different
    High Courts has engaged the attention of Hon‟ble Supreme Court on more
    than one occasions. In Shah Babulal Khimji (supra), the Hon‟ble Supreme
    Court considered the issue, as to when a decision of a Single Judge could be

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    regarded as a “Judgment” within the meaning of the relevant Clause of
    Letters Patent of the Bombay High Court.

    25. The Hon‟ble Supreme Court in Shah Babulal Khimji (supra) laid
    down certain principles and the first such principle laid down is that though
    Letters Patent did not define the expression “Judgment”, since the Letters
    Patent was a special law, it would not be appropriate to project the definition
    of the expression “Judgment” occurring in Section 2(9) of the CPC into the
    meaning of the said expression for the purposes of Letters Patent. The Apex
    Court further held that the concept of the “Judgment” as defined in CPC is
    rather narrow and while defining the expression “decree”, the limitation
    which are maintained in Section 2(9) of the CPC cannot be imported into the
    definition of the expression “Judgment” for the purposes of the Letters
    Patent.

    26. It has been held that the expression “Judgment” for the purposes of
    Letters Patent would receive a wider and more liberal interpretation than the
    expression “Judgment” occurring in the CPC. The Apex Court in Shah
    Babulal Khimji
    (supra) has also held that a “Judgment” imports a concept of
    finality in a broader and not in a narrower sense, and further that a
    “Judgment” can be of three kinds: (i) final judgment, (ii) a preliminary
    judgment and (iii) an intermediary or interlocutory judgment.

    27. The relevant observations in this regard have been made in paragraph
    113 of the report in Shah Babulal Khimji (supra), which is extracted herein
    below:

    “113. Thus, under the Code of Civil Procedure, a judgment
    consists of the reasons and grounds for a decree passed by a
    court. As a judgment constitutes the reasons for the decree it

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    follows as a matter of course that the judgment must be a
    formal adjudication which conclusively determines the rights
    of the parties with regard to all or any of the matters in
    controversy. The concept of a judgment as defined by the Code
    of Civil Procedure
    seems to be rather narrow and the
    limitations engrafted by sub-section (2) of Section 2 cannot be
    physically imported into the definition of the word “judgment”

    as used in clause 15 of the letters patent because the letters
    patent has advisedly not used the terms “order” or “decree”
    anywhere. The intention, therefore, of the givers of the letters
    patent was that the word “judgment” should receive a much
    wider and more liberal interpretation than the word
    “judgment” used in the Code of Civil Procedure. At the same
    time, it cannot be said that any order passed by a trial Judge
    would amount to a judgment; otherwise there will be no end to
    the number of orders which would be appealable under the
    letters patent. It seems to us that the word “judgment” has
    undoubtedly a concept of finality in a broader and not a
    narrower sense. In other words, a judgment can be of three
    kinds:

    (1) A final judgment. — A judgment which decides all the
    questions or issues in controversy so far as the trial
    Judge is concerned and leaves nothing else to be decided.

    This would mean that by virtue of the judgment, the suit
    or action brought by the plaintiff is dismissed or decreed
    in part or in full. Such an order passed by the trial Judge
    indisputably and unquestionably is a judgment within the
    meaning of the letters patent and even amounts to a
    decree so that an appeal would lie from such a judgment
    to a Division Bench.

    (2) A preliminary judgment. –This kind of a judgment
    may take two forms–(a) where the trial Judge by an
    order dismisses the suit without going into the merits of
    the suit but only on a preliminary objection raised by the
    defendant or the party opposing on the ground that the
    suit is not maintainable. Here also, as the suit is finally
    decided one way or the other, the order passed by the
    trial Judge would be a judgment finally deciding the

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    cause so far as the Trial Judge is concerned and
    therefore appealable to the larger Bench. (b) Another
    shape which a preliminary judgment may take is that
    where the trial Judge passes an order after hearing the
    preliminary objections raised by the defendant relating to
    maintainability of the suit, e.g., bar of jurisdiction, res
    judicata, a manifest defect in the suit, absence of notice
    under Section 80 and the like, and these objections are
    decided by the trial Judge against the defendant, the suit
    is not terminated but continues and has to be tried on
    merits but the order of the trial Judge rejecting the
    objections doubtless adversely affects a valuable right of
    the defendant who, if his objections are valid, is entitled
    to get the suit dismissed on preliminary grounds. Thus,
    such an order even though it keeps the suit alive,
    undoubtedly decides an important aspect of the trial
    which affects a vital right of the defendant and must,
    therefore be construed to be a judgment so as to be
    appealable to a larger Bench.

    (3) Intermediary or interlocutory judgment. — Most of
    the interlocutory orders which contain the quality of
    finality are clearly specified in clauses (a) to (w) of Order
    43 Rule 1 and have already been held by us to be
    judgments within the meaning of the letters patent and,
    therefore, appealable. There may also be interlocutory
    orders which are not covered by Order 43 Rule 1 but
    which also possess the characteristics and trappings of
    finality in that the orders may adversely affect a valuable
    right of the party or decide an important aspect of the
    trial in an ancillary proceeding. Before such an order
    can be a judgment the adverse effect on the party
    concerned must be direct and immediate rather than
    indirect or remote. For instance, where the trial Judge in
    a suit under Order 37 of the Code of Civil Procedure
    refuses the defendant leave to defend the suit, the order
    directly affects the defendant because he loses a valuable
    right to defend the suit and his remedy is confined only to
    contest the plaintiff’s case on his own evidence without
    being given a chance to rebut that evidence. As such an

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    order vitally affects a valuable right of the defendant it
    will undoubtedly be treated as a judgment within the
    meaning of the letters patent so as to be appealable to a
    larger Bench. Take the converse case in a similar suit
    where the trial Judge allows the defendant to defend the
    suit in which case although the plaintiff is adversely
    affected but the damage or prejudice caused to him is not
    direct or immediate but of a minimal nature and rather
    too remote because the plaintiff still possesses his full
    right to show that the defence is false and succeed in the
    suit. Thus, such an order passed by the trial Judge would
    not amount to a judgment within the meaning of clause
    15 of the letters patent but will be purely an interlocutory
    order. Similarly, suppose the trial Judge passes an order
    setting aside an ex parte decree against the defendant,
    which is not appealable under any of the clauses of Order
    43 Rule 1 though an order rejecting an application to set
    aside the decree passed ex parte falls within Order 43
    Rule 1 clause (d) and is appealable, the serious question
    that arises is whether or not the order first mentioned is a
    judgment within the meaning of letters patent. The fact,
    however, remains that the order setting aside the ex parte
    decree puts the defendant to a great advantage and works
    serious injustice to the plaintiff because as a consequence
    of the order, the plaintiff has now to contest the suit and
    is deprived of the fruits of the decree passed in his favour.
    In these circumstances, therefore, the order passed by the
    trial Judge setting aside the ex parte decree vitally affects
    the valuable rights of the plaintiff and hence amounts to
    an interlocutory judgment and is therefore, appealable to
    a larger Bench.”

    28. What is relevant to note here is that the orders listed in Clauses (a) to
    (w) in Order XLIII Rule 1 of the CPC contain the attributes of finality and
    would hence be judgments even for the purposes of the Letters Patent. We
    may also observe that there may be interlocutory orders which are not listed
    in Order XLIII Rule 1 of the CPC, but may still have an attribute of finality.

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    It is in this background that the Hon‟ble Supreme Court in Shah Babulal
    Khimji
    (supra), in paragraph 113 has held that there may be interlocutory
    orders not listed in Order XLIII Rule 1 of the CPC but still may have
    trappings of finality, in the sense that such interlocutory orders may adversely
    impact available rights of the parties or decide an important aspect of the trial
    in an ancillary proceeding.

    29. The Apex Court has further proceeded to observe that such an order
    can be treated as a “Judgment” wherein the adverse impact on the party
    concerned must be direct and immediate rather than indirect or remote. In
    Shah Babulal Khimji (supra) it has also been held that during course of
    proceedings of a case, the learned Single Judge may pass various orders
    which are procedural or routine in nature and further, even if such orders
    cause some inconvenience to a party, the same would probably be
    interlocutory and would not be regarded as “Judgment”, so as to make such
    orders passed by learned Single Judge amenable to challenge in an intra-
    court appeal.

    30. In paragraph 115 of the report in Shah Babulal Khimji (supra), the
    Apex Court has further held that every interlocutory order cannot be regarded
    as a judgment; only those orders would be judgments which decide matters of
    moment or affect vital and valuable rights of the parties and cause serious
    injustice to the parties concerned.
    Such observations in Shah Babulal Khimji
    (supra) have been made in paragraph 115 of the report, which reads as under:

    “115. Thus, in other words every interlocutory order cannot be
    regarded as a judgment but only those orders would be
    judgments which decide matters of moment or affect vital and
    valuable rights of the parties and which work serious injustice
    to the party concerned. Similarly, orders passed by the trial

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    Judge deciding question of admissibility or relevancy of a
    document also cannot be treated as judgments because the
    grievance on this score can be corrected by the appellate court
    in appeal against the final judgment.”

    31. Accordingly, based on the principle laid down in Shah Babulal Khimji
    (supra), what we can safely observe is that an interlocutory order to be a
    “Judgment” should contain trappings of finality, either when it decides the
    questions in controversy in ancillary proceedings, main proceedings or in the
    part of a proceeding.

    32. As laid down by Hon‟ble Supreme Court in Central Mine Planning
    and Design Institute Ltd. v. Union of India
    , (2001) 2 SCC 588 to determine
    the question if an interlocutory order falls within the meaning of “Judgment”
    for the purposes of Letters Patent, the test which needs to be applied is as to
    whether, the order is a final determination, affecting vital and valuable rights
    and obligations of the parties concerned. The Court further proceeds to
    observe that this needs to be ascertained on the facts of each case.

    33. In Central Mine Planning and Design Institute (supra), the Hon‟ble
    Supreme Court was examining Clause 10 of the Letters Patent applicable to
    Patna High Court and has extensively referred to the judgment in Shah
    Babulal Khimji
    (supra), and has also mentioned that relevant Clauses of
    Letters Patent of Calcutta, Bombay and Madras are in iisdem terminis (in the
    exact same words) with Clause 10 of Letters Patent of Allahabad, Patna,
    Punjab and Haryana and Madhya Pradesh High Courts.

    34. Central Mine Planning and Design Institute (supra) concludes that
    to determine as to whether, an interlocutory order passed by learned Single
    Judge can be regarded as a “Judgment” for the purposes of Letters Parent, the

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    test to be applied will be as to whether, the order is a final determination
    affecting vital and valuable rights and obligations of the parties concerned
    and this has to be ascertained from the facts of each case. Paragraph 14 of the
    Central Mine Planning and Design Institute
    (supra) is extracted herein
    below:

    “14. In the instant case, we are concerned with the last
    mentioned category. From the above discussion, it follows that
    to determine the question whether an interlocutory order
    passed by one Judge of a High Court falls within the meaning
    of “judgment” for purposes of Letters Patent the test is:

    Whether the order is a final determination affecting vital and
    valuable rights and obligations of the parties concerned. This
    has to be ascertained on the facts of each case.”

    35. Reference may also be had to the law laid down by Hon‟ble Supreme
    Court in Midnapore (supra), where paragraph 15 of the report reads as
    under:

    “15. Interim orders/interlocutory orders passed during the
    pendency of a case, fall under one or the other of the following
    categories:

    (i) Orders which finally decide a question or issue in
    controversy in the main case.

    (ii) Orders which finally decide an issue which materially and
    directly affects the final decision in the main case.

    (iii) Orders which finally decide a collateral issue or question
    which is not the subject-matter of the main case.

    (iv) Routine orders which are passed to facilitate the progress
    of the case till its culmination in the final judgment.

    (v) Orders which may cause some inconvenience or some
    prejudice to a party, but which do not finally determine the
    rights and obligations of the parties.

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    36. For appropriately ascertaining the correct meaning of the expression
    “Judgment” occurring in the Letters Patent, we may also refer to the
    observations made by the Hon‟ble Supreme Court in paragraph 16 of
    Midnapore (supra), which is extracted here in below:

    “16. The term “judgment” occurring in clause 15 of the Letters
    Patent will take into its fold not only the judgments as defined
    in Section 2(9) CPC and orders enumerated in Order 43 Rule 1
    CPC
    , but also other orders which, though may not finally and
    conclusively determine the rights of parties with regard to all
    or any matters in controversy, may have finality in regard to
    some collateral matter, which will affect the vital and valuable
    rights and obligations of the parties. Interlocutory orders which
    fall under categories (i) to (iii) above, are, therefore,
    “judgments” for the purpose of filing appeals under the Letters
    Patent. On the other hand, orders falling under categories (iv)
    and (v) are not “judgments” for the purpose of filing appeals
    provided under the Letters Patent.

    37. Midnapore (supra) has reiterated what was already laid down in Shah
    Babulal Khimji
    (supra) that the expression “Judgment” occurring in Letters
    Patent will cover not only the judgments as defined in Section 2(9) of the
    CPC and orders enlisted in Order XLIII Rule 1 of the CPC but also other
    interlocutory orders which though, may not finally and conclusively
    determine the rights of the parties but may have finality in regard to some co-
    lateral matter, which will affect the vital and valuable rights and obligations
    of the parties.

    38. It has been held that the order which finally decides a question or issue
    in the main case, orders which finally decide an issue which materially and
    directly affects the final decision in the main case and orders which finally
    decide a co-lateral issue or question, which is not the subject matter of the
    main case will be “Judgments” for the purposes of filing appeals under the

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    Letters Patent, however, the routine orders passed to facilitate the progress of
    the case and orders which may cause some inconvenience or some prejudice
    but do not finally determine the rights and obligations of the parties will not
    be “Judgment” for the purposes of Letters Patent.

    39. Hon‟ble Supreme Court in Shyam Sel & Power Ltd. (supra) has
    summed up as to which decision of a learned Single Judge will amount to
    “Judgment” so as to invoke the jurisdiction of intra-court appeal by a
    Division Bench.
    Referring to Shah Babulal Khimji (supra), the Shyam Sel
    & Power Ltd.
    (supra) arrives at the same conclusion that there may be
    interlocutory orders, which are not covered by Order XLIII Rule 1 CPC but if
    such orders possess the characteristics and trappings of finality inasmuch as
    such orders may adversely affect a valuable right of the party or decide an
    important aspect of the trial in an ancillary proceeding, such decision will be
    “Judgment” for the purpose of letters patent.
    Paragraphs 18 and 19 of Shyam
    Sel & Power Ltd.
    (supra) are extracted hereinbelow:-

    “18. It could thus be seen that though this Court in Shah
    Babulal Khimji [Shah Babulal Khimji v. Jayaben D. Kania
    ,
    (1981) 4 SCC 8] has held that the term “judgment” used in
    letters patent could not be given a narrower meaning as is
    given to the term “judgment” used in CPC and that it should
    receive a much wider and more liberal interpretation, however,
    at the same time, each and every order passed by the trial
    Judge could not be construed to be a “judgment” inasmuch as
    there will be no end to the number of orders which would be
    appealable under the letters patent. It has been held that the
    word “judgment” has undoubtedly a concept of finality in a
    broader and not in a narrower sense. It has been held that
    where an order vitally affects a valuable right of the defendants,
    it will undoubtedly be treated as a “judgment” within the
    meaning of letters patent so as to be appealable to a larger
    Bench.

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    19. It has been held in Shah Babulal Khimji [Shah Babulal
    Khimji v. Jayaben D. Kania
    , (1981) 4 SCC 8] that most of the
    interlocutory orders which contain the quality of finality are
    clearly specified in clauses (a) to (w) of Order 43 Rule 1CPC
    and would be “judgments” within the meaning of the letters
    patent and, therefore, appealable. However, there may be
    interlocutory orders which are not covered by Order 43 Rule
    1CPC but which also possess the characteristics and trappings
    of finality inasmuch as such orders may adversely affect a
    valuable right of the party or decide an important aspect of the
    trial in an ancillary proceeding. It has further been held that
    however, for such an order to be a “judgment”, an adverse
    effect on the party concerned must be direct and immediate
    rather than indirect or remote.
    Various illustrations of
    interlocutory orders have been given by this Court in Shah
    Babulal Khimji v. Jayaben D. Kania [Shah Babulal
    Khimji
    v. Jayaben D. Kania, (1981) 4 SCC 8] , para 120, which
    could be held to be appealable.
    This Court in Shah Babulal
    Khimji [Shah Babulal Khimji v. Jayaben D. Kania
    , (1981) 4
    SCC 8] held that though any discretion exercised or routine
    orders passed by the trial Judge in the course of the suit may
    cause some inconvenience or, to some extent, prejudice to one
    party or the other, they cannot be treated as a “judgment”

    unless they contain the traits and trappings of finality. This
    Court has expressed in para 122 of Shah Babulal Khimji [Shah
    Babulal Khimji v. Jayaben D. Kania
    , (1981) 4 SCC 8] that
    though it had, by way of sample, laid down various illustrative
    examples of an order which may amount to a judgment, it would
    not be possible to give such an exhaustive list as may cover all
    possible areas. This Court, in the facts of the said case, held
    that an order of the Single Judge refusing appointment of a
    Receiver and grant of an ad interim injunction was undoubtedly
    a “judgment” within the meaning of letters patent, both because
    Order 43 Rule 1CPC applies to internal appeals in the High
    Court and that such an order even on merits contains the
    quality of finality and would therefore be a “judgment” within
    the meaning of Clause 15 of the Letters Patent.”

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    40. In view of the principle of law in respect of a decision passed by
    learned Single Judge being “Judgment” for the purpose of Letters Patent, as
    discussed above, we now need to examine as to whether the impugned order
    dated 24.04.2026 has to be regarded as “Judgment” so as to maintain this
    intra-court appeal.

    41. Learned Single Judge while passing the impugned order has discussed
    in nutshell the case of the appellant as also that of the respondent, and has
    simply observed that “looking to the chequered history of the previous
    litigation and in peculiar facts and circumstances of the case, the matter
    requires consideration and after calling upon the parties to complete their
    pleadings, has further directed that Estate Officer shall not proceed any
    further with the show cause notice dated 17.04.2026. The question for our
    determination, thus, is as to whether the impugned order directing the Estate
    Officer not to proceed with the impugned show-cause notice causes prejudice
    and effects any valuable rights of the appellant, though it is an order, which is
    interlocutory in nature.

    42. As already discussed above, the law as laid down by the Hon‟ble
    Supreme Court is that the expression “Judgment” occurring in letters patent
    has to be given a wider meaning, and it should not be limited to the meaning
    of the said expression within the confines of the CPC. It is also noted that
    such orders to be a “Judgment” for the purpose of Letters Patent, should not
    be confined to the orders enlisted in Order XLIII Rule 1 of the CPC. The
    law, thus, is that an intra-court appeal under the Letters Patent would be
    maintainable even against an interlocutory order if it impacts valuable rights
    of the parties even in ancillary proceedings.

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    43. The impugned order in the instant case as has been passed by learned
    Single Judge while calling upon the parties to complete their pleadings. So
    far as the direction issued for completion of pleadings is concerned, such an
    order cannot be regarded to be a “Judgment” for the purpose of invoking
    appellate jurisdiction under Letters Patent for the reason that such an order is
    not only interlocutory but is generally passed to facilitate progression of the
    proceedings before learned Single Judge.

    44. However, as far as the direction issued by the learned Single Judge in
    the impugned order directing the Estate Officer not to proceed with the
    proceedings emanating from the show-cause notice, we may note that on
    account of the term of the lease having come to an end way back in the year
    1994, the term of the lease stood determined and, therefore, it is a statutory
    right of the appellant no.1 to invoke the provision of Section 4 of the PP Act.
    We may also note that as laid down by a Coordinate Bench of this Court in
    Escorts Heart Institute & Research Centre Ltd. (supra), the expression
    “unauthorised occupation” occurring in Section 2(g) has not to be confined to
    only a person who is found to have occupied any public premises without
    lawful authority, but it needs to be extended to those occupants whose
    occupation was initially permissible at the inception, but subsequently ceased
    to be authorised. Thus, on the basis of the lease, the respondent was validly in
    occupation and possession of the subject land; however, once the term of the
    lease had expired way back in the year 1994, such occupation ceased to be
    authorised in terms of the provisions of the PP Act.

    45. Section 4 of the PP Act vests a statutory right which provides that if
    the Estate Officer has information that any person is in unauthorised
    occupation of any public premises and that such a person should be evicted,

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    he shall issue a notice in writing regarding unauthorised occupation calling
    upon the person concerned to show cause why an order of eviction should not
    be made. Thus, remedy of Section 4 seeking eviction of any unauthorised
    occupant from public premises is a statutory vested right available to the
    appellant no.1 and if such a course of action is resorted by the appellant
    taking recourse to the provision of Section 4, any order, may be interlocutory
    in nature, passed by learned Single Judge restraining the Estate Officer from
    proceedings any further in the matter, in our opinion, impacts the available
    statutory right of the appellant and, therefore, for this reason alone the
    impugned order, as per our opinion, would be a “Judgment” for the limited
    purpose of invoking the jurisdiction of a Division Bench of this Court under
    Clause 10 of the Letters Patent.

    46. We are also unable to subscribe to the argument made by learned
    counsel for the respondent that in the facts and circumstances of the case, the
    notice dated 17.04.2026 is pre-meditated or amounts to an abuse of the
    process of law. Section 4 vests a right to seek eviction of an unauthorised
    occupant, which has statutorily been provided in respect of public premises
    and if any authority resorts to such statutory recourse, it cannot be said that
    such recourse would amount to misuse or abuse of the process of law or it is
    pre-meditated.

    47. So far as reliance placed by learned counsel for the respondent on the
    order passed by learned Single Judge dated 09.07.2012 passed in W.P.(C)
    7822/1999 which was instituted by the respondent against an earlier show-
    cause notice dated 25.10.1999, is concerned, we may note that said Writ
    Petition was finally disposed of by the Court quashing the notice and
    directing the appellant to decide the representation said to have been

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    preferred by the respondent on 19.12.2011, where a prayer was made for
    extension/renewal of the lease. Pursuant to the said representation dated
    19.12.2011, the prayer is said to have been processed by the appellant,
    however the same was not acceded to, and therefore, a fresh notice under
    Section 4 of the PP Act has now been issued. It is also noticeable that in the
    proceedings instituted under Section 4 of the PP Act, the respondent will
    have the amplest opportunity to explain as to why an eviction order may not
    be passed. All the grounds and pleas available to the respondent under the
    law will be permissible to be taken by it, including the ground that the notice
    is not lawful.

    48. We may also note that prior to institution of the underlying Writ
    Petition namely W.P.(C) 5608/2026, the respondent had instituted a suit
    being CS (OS) 253/2026, which has been disposed of by a learned Single
    Judge of this Court on 09.04.2026, where it has clearly been recorded that
    any action for dispossession of the respondent from the subject premises
    would be taken in accordance with due process of law. Prima facie, the
    subject premises is a public premises and the respondent is unauthorised
    occupant within the meaning of the said expression occurring in PP Act,
    however in view of the observations made while disposing of the aforesaid
    suit vide order dated 09.04.2026, if for dispossession of the respondent
    recourse under Section 4 of the PP Act has been taken by the appellant, it
    cannot be said that such process is not in accordance with due process of law.

    49. Much emphasis was laid by learned counsel for the appellants on
    Express Newspapers Private Limited (supra), however the Division Bench
    of this Court in Escorts Heart Institute & Research Centre Ltd. (supra)
    referring to the Express Newspapers Private Limited (supra), has

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    unambiguously held that the expression “unauthorised occupation” occurring
    in PP Act would include a person, who is found to have occupied any public
    premises without lawful authority as well as those whose occupation was
    initially permissible at the inception but subsequently ceased to be
    authorised. In view of the judgment of the Division Bench of this Court in
    Escorts Heart Institute & Research Centre Ltd. (supra), even if initially the
    respondent was in permissible occupation/possession of the subject land, on
    expiry of the term of the lease way back in the year 1994 he would cease to
    be an authorised occupant.

    50. We may also refer to the judgment of this Court in Anant Raj
    Agencies
    (supra), where it has clearly been held that once a notice was
    issued under Section 4 of the PP Act by the Estate Officer, the only course
    open to the noticee is to respond to the notice.

    51. Accordingly, in view of the discussions made above, we opine that the
    impugned order dated 24.04.2026 passed by the learned Single Judge is to be
    regarded as a “Judgment” for the purpose of invoking jurisdiction of intra-
    court appeal under Clause 10 of the Letters Patent and, therefore, the instant
    appeal is maintainable.

    52. As regards issue “b” set out hereinabove, what we notice is that
    learned Single Judge while passing the impugned order, after discussing the
    respective cases of the parties, has only observed that looking at the
    chequered history of the previous litigation and in the peculiar facts and
    circumstances of the case, the matter requires consideration and, thereafter
    without giving any reason, even for the namesake, has directed that the Estate
    Officer shall not proceed further with the show-cause notice dated

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    17.04.2026. Such a course, in our opinion, was not available to the learned
    Single Judge for passing the interim order, which has impacted the valuable
    right of the appellants to invoke the statutory right under Section 4 of the PP
    Act, without giving reasons and without giving a finding on the issue relating
    to prima facie case, irreparable loss and balance of convenience.

    53. It is settled law that this Court, while passing the interim orders even
    while exercising its extraordinary jurisdiction under Article 226 of the
    Constitution of India, is under an obligation to conform to the legal principle
    governing the grant of an interim order, which requires adjudication to be
    made regarding a prima facie case, balance of convenience and irreparable
    loss. Hon‟ble Supreme Court in Union of India v. Era Educational Trust,
    (2000) 5 SCC 57, has observed that it may be that Order XXXIX of the CPC
    may not be applicable at the stage of granting interim relief in a petition
    under Article 226 of the Constitution of India, but at the same time various
    principles laid down under Order XXXIX for granting ad-interim relief are
    required to be taken into consideration.
    Paragraph 6 of the judgment in Era
    Educational Trust
    (supra) is quoted below:-

    “6. It may be that Order XXXIX CPC would not be applicable at
    the stage of granting interim relief in a petition under Article 226
    or 227 of the Constitution, but at the same time various principles
    laid down under Order XXXIX for granting ad interim or interim
    reliefs are required to be taken into consideration. In the case of
    Morgan Stanley Mutual Fund v. Kartick Das [(1994) 4 SCC 225]
    after considering the various authorities this Court laid down the
    guiding principles in relation to grant of an ad interim injunction
    which are as under: (SCC pp. 241-42, para 36)
    “36. As a principle, ex parte injunction could be granted only
    under exceptional circumstances. The factors which should
    weigh with the court in the grant of ex parte injunction are–

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    (a) whether irreparable or serious mischief will ensue to the
    plaintiff;

    (b) whether the refusal of ex parte injunction would involve
    greater injustice than the grant of it would involve;

    (c) the court will also consider the time at which the plaintiff
    first had notice of the act complained so that the making of
    improper order against a party in his absence is prevented;

    (d) the court will consider whether the plaintiff had
    acquiesced for sometime and in such circumstances it will not
    grant ex parte injunction;

    (e) the court would expect a party applying for ex parte
    injunction to show utmost good faith in making the
    application;

    (f) even if granted, the ex parte injunction would be for a
    limited period of time;

    (g) general principles like prima facie case, balance of
    convenience and irreparable loss would also be considered
    by the court.”

    54. We may also refer in this regard an order dated 07.08.2025 passed by a
    Co-ordinate Bench of this Court in W.P(C) 11876/2025, Mohmmed Javed v.
    Union of India & Ors.
    , wherein by placing reliance on Era Educational
    Trust
    (supra), it has been held that “it is trite law that although the
    provisions of Code of Civil Procedure are, ipso facto, not applicable to the
    proceedings of a Writ Petition before the High Court, however, principles
    laid down for granting interim relief under Order XXXIX of the CPC should
    be kept in mind by the High Court”.

    55. When we analyse the impugned order passed by the learned Single
    Judge on the touchstone of the aforesaid principle, what we find is that
    nothing has been considered by the learned Single Judge in respect of a prima

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    facie case, irreparable loss and balance of convenience while passing the
    impugned order.

    56. Hon‟ble Supreme Court in Deoraj v. State of Maharashtra, (2004) 4
    SCC 697 (supra), has observed that in cases where withholding of an interim
    relief would tantamount to disposal of the main petition itself; for by the time
    the main matter comes up for hearing, there would be nothing left to be
    allowed as relief to the petitioner, the availability of a very strong prima facie
    case, which has to be of a standard much higher than just prima facie case,
    consideration of balance of convenience and irreparable injury forcefully
    tilting the balance of case totally in favour of the applicant may persuade the
    Court to grant interim relief. The Hon‟ble Supreme Court has further
    observed that such would be rare and exceptional cases and also that such an
    interim relief can be granted only if the Court is satisfied that withholding of
    it would prick the conscience of the Court and do violence to the sense of
    justice, resulting in injustice being perpetuated and at the end the Court
    would not be able to vindicate the cause of justice. The Apex Court further
    observed that such would be a rare case accompanied by compelling
    circumstances where the injury complained of is immediate and pressing and
    would cause extreme hardship.
    Paragraph 12 of the judgment in Deoraj
    (supra) is extracted herein below:-

    “12. Situations emerge where the granting of an interim relief
    would tantamount to granting the final relief itself. And then there
    may be converse cases where withholding of an interim relief would
    tantamount to dismissal of the main petition itself; for, by the time
    the main matter comes up for hearing there would be nothing left to
    be allowed as relief to the petitioner though all the findings may be
    in his favour. In such cases the availability of a very strong prima
    facie case — of a standard much higher than just prima facie case,

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    the considerations of balance of convenience and irreparable injury
    forcefully tilting the balance of the case totally in favour of the
    applicant may persuade the court to grant an interim relief though
    it amounts to granting the final relief itself. Of course, such would
    be rare and exceptional cases. The court would grant such an
    interim relief only if satisfied that withholding of it would prick the
    conscience of the court and do violence to the sense of justice,
    resulting in injustice being perpetuated throughout the hearing, and
    at the end the court would not be able to vindicate the cause of
    justice. Obviously such would be rare cases accompanied by
    compelling circumstances, where the injury complained of is
    immediate and pressing and would cause extreme hardship. The
    conduct of the parties shall also have to be seen and the court may
    put the parties on such terms as may be prudent.”

    57. Thus, what we need to examine is as to what would be the impact on
    the proceedings of the main Writ Petition if the proceedings before the Estate
    Officer pursuant to the show-cause notice had not been stayed by passing the
    interim order. Even if it is presumed that the case of the respondent is that by
    non-interference in the show-cause notice would render the Writ Petition
    itself infructuous, the learned Single Judge ought to have taken into
    consideration the prima facie case, balance of convenience and irreparable
    injury and further that such injury would tilt the balance of case and only on
    recording finding on these aspects the interim relief of the nature which has
    been granted vide the impugned order, could have been granted.

    58. We may also notice that in such cases, the availability of a “very
    strong prima facie case”, of a standard much higher than just a “prima facie
    case”, is one of the requisite considerations for passing an order of interim
    relief.

    59. Accordingly, since the impugned order dated 24.04.2026 passed by the
    learned Single Judge does not reflect upon any of the aforesaid aspects of the

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    matter in as much as it does not even record any discussion, much less any
    finding, on the aspects of a strong prima facie case, irreparable loss and
    balance of convenience, in our opinion, such an order is not sustainable. The
    issue “b” thus stands decided in these terms.

    60. For the discussions made and reasons given above, the instant appeal is
    allowed and the order dated 24.04.2026 passed by the learned Single Judge,
    so far as it directs the Estate Officer to not proceed further with the show-
    cause notice dated 17.04.2026 is hereby set aside.

    61. The pending application(s), if any, stand disposed of.

    62. The appeal along with pending applications stands disposed of.

    63. There shall be no orders as to costs.

    (DEVENDRA KUMAR UPADHYAYA)
    CHIEF JUSTICE

    (TEJAS KARIA)
    JUDGE
    MAY 26, 2026
    “shailndra”/MJ/S.Rawat

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