STEEL AUTHORITY OF INDIA LTD Vs. EXALT SERVICE PVT. LTD
LAWS(CAL)-2019-7-167
HIGH COURT OF CALCUTTA
Decided on July 31,2019

STEEL AUTHORITY OF INDIA LTD Appellant
VERSUS
Exalt Service Pvt. Ltd Respondents

JUDGEMENT

BISWAJIT BASU, J. - (1.) The revisional application under Article 227 of the Constitution of India is at the instance of the respondent in an appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the 'said Act of 1971' in short) and is directed against the order No. 10 dated November 15, 2017 passed in Misc. (Arbitration) Appeal No. 51 of 2017 by the learned District Judge Burdwan. The said appeal is now pending before the Second Court of learned Additional District Judge at Assansol, Dist. Paschim Burdwan and has been renumbered as Misc. Appeal No. 20 of 2016.
(2.) The learned appeal Court below by the order impugned has directed the petitioner to restore the electric and water supply to the Mohan Kumar Mongalam Park at Durgapur, Dist. Burdwan (hereinafter referred to as 'the said park' in short)
(3.) The issue which falls for consideration in the present revisional application is whether the Estate Officer in a proceeding for eviction of unauthorised occupants of the public premises or the District Judge in an appeal from an order of eviction passed by the Estate Officer has the jurisdiction to pass an order requiring the landlord to take measures for essential supply or service to the public premises. A. The following facts are relevant to decide the aforesaid issue:- ;


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