- (1.) HEARD Shri P.K. Prasad, learned Senior Counsel for the petitioner and Shri Pradip Modi, learned counsel for the respondents.
(2.) THE petitioner in this writ application, has prayed for an order quashing the appellate order dated 13.4.2004 (Annexure -9), by which the Appellate Authority had dismissed the petitioner's appeal against the order dated 2.9.1993 (Annexure -4) whereby the respondent authority had passed an order of eviction against the petitioner from the premises in question, under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. Prayer has also been made for quashing the aforesaid order dated 2.9.1993 (Annexure -4) passed by the Estate Officer. As it appears from the submissions of the learned counsel for the parties, a similar order was passed against the petitioner for his eviction from the premises in question by the Estate Officer on
(3.) 5.1979. Being aggrieved, the petitioner had preferred an appeal which was also dismissed and thereafter, the petitioner had approached this court by filing a writ application vide CWJC No. 1173 of 1985(R). 4 After considering the submissions of the learned counsel for the parties, this court while disposing of the writ application, had by order dated 7.11.1990 quashed the impugned orders of the Estate Officer and that of the Appellate Authority and remanded the case to the Estate Officer with a direction to afford one opportunity to the petitioners to adduce evidence in support of their case to enable disposal of the matter in accordance with law. A further observation was recorded on the basis of the assurance given by the learned counsel for the parties, that they would appear before the Estate Officer on the dates specified i.e. on 23.11.1990, where -after, the Estate Officer shall fix an appropriate date for enabling the parties to adduce evidences and shall proceed to dispose of the matter in accordance with law.;