S.K. Bhattacharyya, J. - (1.) This application by Messrs Indian Iron and Steel Co. Ltd. under Article 227 of the Constitution of India is for recalling and/or rescinding the order passed by the Estate Officer of the South Eastern Railway, Kharagpur, at Adra on July 18, 1973, in proceeding No. E/14 of 1971 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and for restraining the Respondents from the proceeding with the aforesaid case before the Respondent No. 1. The fact leading up to the present proceeding may briefly be stated.
(2.) Undoubtedly, the Petitioner company is in exclusive possession, occupation and enjoyment of certain lands (to be hereinafter called S.E.R.'s lands), that was adjacent to or contiguous with the Petitioner's town and works known as 'Burnpur Works'. These lands formerly belonged to Bengal Nagpur Railway Administration which was taken over by the Government of India with effect from October 1, 1944, but the Petitioner continued to remain in possession of the said lands and it is not disputed that they are still in possession of these lands for which a proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958, was initiated by the Respondent No. 1 on February 9, 1971, on report made by the Divisional Engineer, S.E. Railway at Adra, on January 1, 1971. A notice was thereupon issued on the Petitioner company. Pursuant to the aforesaid notice requiring the Petitioner to show cause why the order of eviction should not be made under Section 6 of the Act, the Petitioner showed cause and the concerned Railway Administration represented by the Respondent No. 2 also filed their objections.
(3.) An objection was taken before the Estate Officer that he had no jurisdiction to proceed with the case. The Estate Officer by his order dated April 8, 1971, overruled the objection and decided to proceed with the matter. On July 8, 1973, the Petitioners through their lawyer raised two other objections before the Estate Officer contending, inter alia, that the proceeding was not maintainable and the same was barred by limitation inasmuch as the Government of India was never in actual possession of the premises in dispute. It was contended on behalf of the Petitioner that the Government's right to property was extinguished after expiry of seven years from the date when the new Limitation Act came into force. The learned Estate Officer by his order dated July 18, 1973, decided both the points against the Petitioner and held that the case was maintainable and the application had been filed well, within the period of limitation. Hence, this application.;