BHARAT HEAVY ELECTRICALS LIMITED Vs. DEEPAK KUMAR

JUDGEMENT

(1.) Civil Misc. Application No.14 of 2021 1. Heard Sri Ashish Mishra, learned counsel for the petitioner, Sri Rahul Jain, learned counsel for the respondent nos.1 to 8 and learned Standing Counsel for the respondent no.9.

(2.) The instant application has been filed with a prayer to issue appropriate direction permitting the petitioner to get the premises vacated from such private-respondents and other contract persons, who have attained age of superannuation and are no longer associated with the petitioner in any manner whatsoever.

(3.) Sri Rahul Jain, learned counsel for the respondents, has placed reliance upon the judgment of Apex Court in Life Insurance Corporation of India v. Nandini J. Shah reported in (2018) 15 SCC 356 and submits that against the order passed by the appellate court exercising appellate jurisdiction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the writ petition under Article 226 of the Constitution of India is not maintainable and the party aggrieved may avail the remedy of filing petition under Article 227 of the Constitution of India. He further contends that miscellaneous application filed in the writ petition under Article 226 of the Constitution of India is also not maintainable.