B.C. SHAW & SONS Vs. UNION OF INDIA & ORS.
LAWS(CAL)-2014-11-178
HIGH COURT OF CALCUTTA
Decided on November 17,2014

B.C. Shaw And Sons Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

JAYANTA KUMAR BISWAS,J. - (1.) The appellant in the AST is aggrieved by a single Judge decision dated September 16, 2014 dismissing its WP No.15067(W) of 2014 under Article 226 of the Constitution of India.
(2.) The petitioner filed the WP questioning an eviction order dated March 10, 2014 under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The single Judge held that the petitioner "?s remedy, if any, was before the District Judge under section 9 of the Act.
(3.) On a previous occasion, Mr Bhattacharya appearing for the appellant was accommodated for taking instructions whether the appellant would accept the single Judge decision directing it to go to the section 9 forum or proceed with the appeal. On that occasion Mr Bhattacharya argued that the appellant had been contending that the provisions of the Act were not applicable to the case.;


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