SAVATRAM RAMPRATAP MILLS Vs. RADHESHYAM LAXMINARAYAN GOENKA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 25.11.2003 passed by the learned Single Judge in W.P. No.1795 of 2003, whereby he set aside the order passed by the respondent no.2- Estate Officer and allowed the writ petition filed by respondent no.1 herein; holding that respondent no.2 Estate Officer was obliged to hold hearings of the proceedings under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, at the place where the public premises are located in the present case at Akola.

(2.) Factual matrix

(3.) The respondent no.1 preferred Misc. Civil Appeal No.1/2001 and invoked appellate jurisdiction of the District Judge, Akola. Appeal came to be allotted to the 2nd Additional District Judge, Akola, who vide his order dated 06.03.2003 was pleased to set aside the order dated 10.5.2000 and directed de novo enquiry within a period of three months.