CANTONMENT BOARD NAINITAL Vs. VEERA CHAUDHARY & OTHERS

JUDGEMENT

(1.) The petitioner is Cantonment Board, Nainital, aggrieved by the order dated 30.06.2016 passed by learned IInd Additional District Judge, Nainital in Eviction Appeal No. 6 of 2016, Veera Chaudhary Vs Cantonment Board, Nainital, which was filed by the appellant (present respondents) under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (from hereinafter referred to as 'Public Premises Act') against the order of the Prescribed Authority i.e. Estate Officer, Cantonment Board dated 09.05.2016. By the said order, learned IInd Additional District Judge, Nainital stayed the operation and effect of the eviction order dated 09.05.2016 of the respondents and the appeal was admitted. Aggrieved by the said order, Cantonment Board has filed the present writ petition before this Court.

(2.) The case of the petitioner before this Court is that the appellate authority i.e. the learned IInd Additional District Judge, Nainital should not have entertained the appeal, as it was filed beyond time and appellant (present respondents) had not even filed a delay condonation application along with appeal in view of Section 9 (2) of the Public Premises Act, 1971, which reads as under:-

(3.) The order of the Prescribed Authority is dated 09.05.2016, which was served on the respondent on 18.05.2016, and the period of limitation is 12 days which comes to an end on 30.05.2016. The application was filed on 06.06.2016.