M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has challenged the jurisdiction of the Additional District Judge Court, Bokaro to hear and dispose of the appeals filed under Section 9 of the Public Premises (unauthorised occupants) Act, 1971, in short the said Act.
(2.) IT appears that petitioner was employed in Board Steel Plant since 1969 and he was superannuated in 1996. It is contended by the petitioner that instead of payment of retiral benefits the respondents have initiated a proceeding for eviction under the said Act. The Estate Officer exercising power under the said Act passed final order in the said proceeding and ordered for conviction of the petitioner. Aggrieved by the said order, petitioner preferred appeal under Section 9 of the said Act before the District Judge, Bokaro being MA No. 4/2001. The District Judge, Bokaro after admitting the appeal transferred the same to the Court of IVth Additional District Judge, Bokaro for disposal. Before the Additional District Judge. Bokaro, petitioner filed an application challenging the jurisdiction of the Court on the ground that it is only the District Judge or the Judicial Officer whom power is delegated by the District Judge has jurisdiction to hear the appeal. Respondents in their counter -affidavit have stated that as per the service condition petitioner was required to vacate the quarter within two months from the date of superannuation. But the petitioner has been continuing in unauthorized occupation of the quarter although his retiral benefits have been calculated and the same is lying with the respondents but the petitioner deliberately avoiding to receive the retiral dues. The only question that falls for consideration is as to whether the Additional Judge is competent to hear and disposed of the appeal under Section 9 of the said Act,
(3.) BEFORE deciding the question, I would like to refer Section 9 of the said Act, which reads as under : "Appeals. - -(1) An appeal shall lie from every order of the Estate Officer made in respect of any public premises under Section 5 or Section 5B or Section 5C or Section 7 to an appropriate officer, who shall be the District Judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years standing as the District Judge may designate in this behalf. (2) An appeal under Sub -section (1) shall be preferred - (a) In the case of an appeal from an order under Section 5, (within twelve days) from the date of publication of the order under Sub -section (1) of that section; (b) in the case of an appeal from an order under Section 5B or Section 7, within twelve days from the date on which the order is communicated to the appellate; and (c) in the case of an appeal from an order under Section 5C within twelve days from the date of such order ; Provided that, the appellate officer may entertain the appeal after the expiry of the said period if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) Where an appeal is preferred from an order of the Estate Officer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit : Provided that, where the construction or erection of any building or other structure or fixture or execution of any other work was not completed on the day on which an order was made under Section 5B for the demolition or removal of such building or other structure or fixture, the appellate officer shall not make any order the stay of enforcement of such order, unless such security, as may be sufficient in the opinion of the appellate officer, has been given by the appellant for not proceeding with such construction, erection or work pending the disposal of the appeal. (4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. (5) The costs of any appeal under this section shall be in the discretion of the appellate officer. (6) For the purposes of this section, a presidency town shall be deemed to be a district and the Chief Judge or the principal Judge of the city civil Court therein shall be deemed to be the District Judge of the district.;