BAND BOX PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, under Article 226 of the Constitution of India, seeks a direction to quash proceedings under the Public Premises (Eviction of unauthorised Occupants) Act, 1971- hereafter called The Act- in respect of premises owned by the respondent (hereafter called 'the bank' ).

(2.) THAT the petitioner had moved an application before the Estate Officer, wherein it sought for adjournment of proceedings sine die, on the basis of a resolution dated 30. 5. 2002 (hereafter called 'guidelines') by the Central government, Ministry of Urban Development and Poverty alleviation which indicated guidelines to prevent arbitrary use of power to evict tenants from the public premises and to limit the use of powers of the Estate Officer

(3.) THE Estate Officer, respondent No. 3, dismissed the petitioner's application, through order dated 12. 9. 2003. The petitioner moved an application for review of its Order dated 12. 9. 2003; that was dismissed by the Estate officer inter alia, on the ground that the power of review has not been conferred under the Act. The petitioner had earlier approached this court, by filing WP 18811/2006 under Article 226 of the Constitution of India. In that, the petitioner sought the relief of a direction to permit amendment to question the title of the respondent bank. The writ petition was dismissed on 15-12-2006 by this court.