DIPANKAR CHAKRABORTY Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Heard learned Advocates for the parties.

(2.) In this application under Article 227 of the Constitution of India the petitioner has challenged the order dated 3.8.2002 passed by the learned Additional Sessions Judge, Fast Track Court-I, Alipore, District-24 Parganas, South, in Case No. P.P.A. No. 6 of 2000 whereby and whereunder the application under Section 5 of the Limitation Act in preferring the appeal under Section 9 of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the said Act for brevity), was rejected.

(3.) The aforesaid case arose out of challenge of an order passed under Section 5(1) of the said Act. It was the case of the petitioner before the appellate authority under Section 9 of the said Act that the order of eviction dated 18.4.96 as passed by the Estate Officer was served upon him on 20.1.2000. On perusal of the impugned order, it appears that the application under Section 5 of the Limitation Act was rejected on the ground that the petitioner had knowledge of the order of eviction prior to 20.1.2000 as the order was duly served upon him through his superior officer and further that the petitioner himself moved the Central Administrative Tribunal with reference to his matter relating to service, wherein the petitioner himself admitted the order of eviction. Before considering the validity of the impugned order on the touchstone of Article 227 of the Constitution of India, all the relevant provisions are required to be dealt with first. Section 5(1) of the said Act reads thus :