GOPAL DAS CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged an order passed by the Estate Officer of the Eastern Railway for eviction of the petitioner from a passage vide order dated February 17, 2022 and the notice preceding the same dated May 16, 2019, passed and issued respectively under Ss. 5 and 4 the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as "the 1971 Act"). The petitioners also prayed for filing the writ petition in representative capacity on behalf of the all the flat owners of the multi-storied complex which is the subject-matter of dispute.

(2.) At the outset, learned senior counsel appearing for the respondentAuthorities raises an objection regarding maintainability of the writ petition. It is contended by the respondents that the petitioners cannot claim representative capacity on behalf of all flat owners before the second forum of challenge. It is argued that Order I Rule 8 of the Code of Civil Procedure, even on principle, is not maintainable before the writ court, which is the second forum, the first forum being the Estate Officer issuing the notice and passing the order impugned.

(3.) It is further argued that since the estate of the flat owners was sufficiently represented before the Estate Officer by the Company, which is the developer in respect of the multi-storied complex, the present writ petition ought to be dismissed in limine.