AKHTAR HUSSAIN Vs. DISTRICT AND SESSIONS JUDGE DELHI

JUDGEMENT

(1.) In this writ petition, filed as a public interest case, the point that is raised is whether the second respondent Shri S.N. Aggarwal, Additional District Judge, is competent to deal with appeals under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act (hereinafter called the Act). A writ of quo warranto has been sought. The contention is that Shri S.N. Aggarwal is a Judicial Officer not having 10 years standing as a 'Judicial Officer' and that the learned District Judge, Delhi, could not have transferred the appeals to Shri S.N. Aggarwal.

(2.) Section 9 of the Act deals with appeals against the orders of the Estate Officer. It reads:

(3.) Relying on the language of the above provision, it is contended by the petitioner that though Shri S.N. Aggarwal is an Additional District Judge and hence a Judicial Officer of the District, still inasmuch as he does not have 10 years experience, he is not competent to hear appeals.