M.Jagannadha Rao, C.J. - (1.) In this writ petition, filed as a public interest case, the point that is raised is whether the second respondent Shri S.N. Aggarwal, Additional District Judge, is competent to deal with appeals under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act (hereinafter called the Act). A writ of quo warranto has been sought. The contention is that Shri S.N. Aggarwal is a Judicial Officer not having 10 years standing as a 'Judicial Officer' and that the learned District Judge, Delhi, could not have transferred the appeals to Shri S.N. Aggarwal.
(2.) Section 9 of the Act deals with appeals against the orders of the Estate Officer. It reads: "Section 9. Appeals: (1) An appeal shall lie from every order, of the Estate Officer made in respect of any public premises under Section 5 or Section 5B or Section 5C to an appellate officer who shall be the District Judge of the district in which the public premises are situate or such other judicial officer of that district of not less than ten years' standing as the District Judge may designate in this behalf. (2)..................."
(3.) Relying on the language of the above provision, it is contended by the petitioner that though Shri S.N. Aggarwal is an Additional District Judge and hence a Judicial Officer of the District, still inasmuch as he does not have 10 years experience, he is not competent to hear appeals.;