DALJEET KOUR Vs. ESTATE OFFICER

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 20/9/2011 passed in Writ Petition (S) No. 5814 of 2000 whereby the writ petition filed by the Appellant/Petitioner was dismissed.

(2.) Briefly stated facts of the case are that the Appellant was allotted one plot measuring 40'x60' as licencee for running a fruit shop by the Bhilai Steel Plant on 1/8/1976. The licence was terminated on 30/7/1986 on the ground of non- payment of dues, partition of the shop and on the allegation that there is subletting and the Appellant had encroached upon some portion of the land of the Bhilai Steel Plant. However, this termination order was withdrawn on 26/9/1989. Thereafter, the Appellant applied for permission to lay RCC Slab Roof etc. over the shop vide application dtd. 28/9/1989. Such permission was granted to the Appellant on 29/9/1989. The licence of the Appellant was again terminated on 5/4/1990 on the ground of subletting of the shop to a third party and violation of the proposed building plan. It was alleged that the construction had been raised contrary to the building plan. Thereafter, eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter called 'the Act') were initiated against the Appellant. The Estate Officer passed order of eviction against him on 22/9/1991. Aggrieved by the said eviction order, the Appellant filed an appeal before the 1 st Additional District Judge, Durg (hereinafter referred to as 'the 1st ADJ, Durg') which appeal being Miscellaneous Civil Appeal No. 9 of 1991 was dismissed by the said officer on 10/8/2000 and affirmed the order of the Estate Officer.

(3.) Aggrieved by the order of the Appellate Authority, the Appellant filed Writ Petition No. 5814 of 2000 before this Court. The main ground raised before the learned Single Judge was that the 1st ADJ, Durg was not empowered to hear the case since he was not by name vested with the powers to hear such appeal under Sec. 9 of the Act.