Decided on April 02,2003

Union of India And Ors Respondents


- (1.)Heard learned Advocates for the parties.
(2.)In this application under Article 227 of the Constitution of India the petitioner has challenged the order dated 3.8.2002 passed by the learned Additional Sessions Judge, Fast Track Court-I, Alipore, District-24 Parganas, South, in Case No. P.P.A. No. 6 of 2000 whereby and whereunder the application under Section 5 of the Limitation Act in preferring the appeal under Section 9 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the said Act for brevity), was rejected.
(3.)The aforesaid case arose out of challenge of an order passed under Section 5(1) of the said Act. It was the case of the petitioner before the appellate authority under Section 9 of the said Act that the order of eviction dated 18.4.96 as passed by the Estate Officer was served upon him on 20.1.2000. On perusal of the impugned order, it appears that the application under Section 5 of the Limitation Act was rejected on the ground that the petitioner had knowledge of the order of eviction prior to 20.1.2000 as the order was duly served upon him through his superior officer and further that the petitioner himself moved the Central Administrative Tribunal with reference to his matter relating to service, wherein the petitioner himself admitted the order of eviction. Before considering the validity of the impugned order on the touchstone of Article 227 of the Constitution of India, all the relevant provisions are required to be dealt with first. Section 5(1) of the said Act reads thus :
"5. Eviction of unauthorised occupants - (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under Section 4 and (any evidence produced by him in support of the same and after personal hearing, if any, given under clause (b) of sub-section (2) of Section 4), the estate officer is satisfied that the public premises are in unauthorised occupation, the estate officer may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises."


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