DEN Vs. JIGNABEN S PANDYA

JUDGEMENT

(1.) By way of this petition under Article -227 of the Constitution of India the petitioner seeks to challenge judgment and order dated 31/5/2004 passed by the Joint District Judge, Fast Track Court, Surendranagar and there by allowed the Appeal filed by the respondents herein under Sec. 9(3) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1974 quashing and setting aside order dated 31st March, 2004 passed by the Estate Officer and Divisional Officer, Western Railway, Rajkot.

(2.) Facts shortly stated are as under: -

(3.) Learned Advocate Mr.Siraj Gori appearing with learned Advocate Mr.Mukesh A. Patel, vehemently submitted that the Appellate Authority has committed substantial error of law in quashing and setting aside the order passed by the Estate Officer under Sec. 5 of the Act. The main plank of submission on behalf of Mr.Gori has been that the appellate Authority has completely overlooked the map which was produced during the course of the proceedings and which is suggestive of the fact that the ownership of the land in question vests with Railways. Mr. Gori relying on the map submitted that the same has been approved and sealed by the Collector as well as the Competent Authority in the year 1969. Mr.Gori would submit that even if the land in question is dealt with by private parties by way of inter se transactions, the purchaser would not get any legal and valid title as the Seller cannot be said to be holding any legal valid title with respect to the land in question. Mr. Gori relied on Sec. 83 of the Evidence Act which speaks about presumption as to maps or plans made by Authorities of Government. Mr. Gori, thus, submitted that the appellate Authority has committed an error in up -setting the order passed by the Estate Officer under the Act and, therefore, this petition deserves to be allowed. II) Contentions of Respondents : -