R.K.MERATHIA, J. - (1.) HEARD the parties.
(2.) THIS Writ Petition has been filed against the Order dated 28th August, 2006, passed by learned Additional District Judge in Misc. Appeal No. 21 of 1999 (Annexure -4) and the Order dated 27th August, 1999, passed by the Estate Officer, South Eastern Railway, Chakradharpur in Eviction Case No. 46 of 1996 (Annexure -2) under Public Premises (Unauthorized Occupants) Act, 1971 (the Act for short), for eviction of the Petitioner from an area of 2115 sq. ft. used as "Krishna Hotel". Mr. V. Shivnath, learned Senior Counsel appearing for the Petitioner, raised the first objection, that the proceeding was barred under constructive res judicata as the earlier proceeding was withdrawn and no leave was obtained for initiating the present proceeding.
(3.) MR . Mahesh Tiwary, appearing for the Respondents, submitted that the present proceeding having been started, with the leave of the Estate Officer and with the consent of parties, is not barred by res judicata.;