SAUMITRA DAYAL SINGH,J. - (1.) These two writ petitions have been filed against identical order passed by the Defence Estate Officer. The facts of the two cases are similar. For convenience facts of Writ Petition No. 16655 of 2017 are being noted. The only difference in two cases being the the petitioner in Writ Petition No. 16653 of 2017 claims to be a tenant of the original HOR while petitioner in Writ Petition No. 16655 of 2017 claims to be a transferee of the legal representatives of the recorded HOR.
(2.) Writ-C No. 16655 of 2017 has been filed against the order of the Estate Officer, Cantonment Board, Meerut dated 05.02.2014 and also the judgment and order passed in appeal there from, dated 08.03.2017, by the Additional District Judge, Court No. 7, Meerut. These orders arise from proceedings under Section 5A(2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the P.P. Act').
(3.) Petitioner had filed Misc. Appeal No. 37 of 2014 against the order dated 05.02.2014 passed by Estate Officer, Cantonment Board, Meerut in which the judgement and order dated 08.03.2017 has been passed by the Additional District Judge, Meerut. Earlier, there were certain judgments of this Court, wherein that the order passed by the Estate Officer under Section 5A of the P.P. Act was held to be appealable. However, a Full Bench of this Court in Writ-C No. 40360 of 2015, vide judgment dated 12.01.2016, held such an appeal is not maintainable. In the present case also the petitioner's appeal has therefore been dismissed, as not maintainable, vide order dated 08.03.2017.;