- (1.) Heard Shri Anoop Kumar Mehta, learned Counsel appearing on behalf of the Petitioner-M/s Bharat Coking Coal Limited and Sri A.K. Sinha, Sr. Advocate, assisted by Mr. Saurav Arun and Ms. Neha Prashant, Advocates for the contesting Respondent-M/s Bharat Firebricks and Pottery Works (P) Ltd.
(2.) The instant writ petition is preferred challenging the order dated 26.11.2009 passed by the District Judge, Dhanbad in Misc. Appeal No. 29 of 2009 (Annexure3) dismissing the appeal under the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the P P Act) and confirming the order dated 10.03.2009 passed by the Estate Officer, in Eviction Case No. 97 of 2006.
(3.) The Petitioner is a Government Company within the meaning of Section 617 of the Companies Act and the claim is that the coal bearing land situated in Plot No. 50, 51 and 53 of Khata No. 26, MouzaFatehpur, Revenue Thana No. 130, measuring 10.71 acres are "Public Premises" within the meaning of Section 2(e) of the P P Act.;