SAT PAL Vs. SUNAINA DEVI

JUDGEMENT

(1.) BECAUSE of the order passed on 24.7.2006 this case has come up to the Division Bench for hearing and disposal.

(2.) THE background in which this matter has come up for consideration has been spelt out in details in the order dated 18.7.2006 passed by the Single Judge of this Court. To re-capitulate and to appreciate the subject matter of controversy involved in this petition in its proper perspective, it shall be advantageous to take note of some brief but salient features of the case.

(3.) THE only exception with respect to the aforesaid right to prefer an appeal is the exclusion of the orders passed under Section 16 of the 1987 Act. Clause (b) is of course subject to clause(a) of sub section (1) of Section 24 which lays down that the State Government may by a general or special order or by a notification issued in this behalf confer on such officers and authorities as it thinks fit the powers of the Appellate Authorities for the purposes of the Act with respect to such areas as are specified in the said notification, or for such classes of cases as may also be specified in the said notification. Undoubtedly, therefore, the right to file appeals under clause(b)is subject to the appointment of Appellate Authorities by the State Government under clause(a)and additionally with respect to such cases or classes of cases, as may be specified in the notification issued under clause(a).