DURGAPADA PATRA Vs. ESTATE OFFICER, SER & ANR.

JUDGEMENT

(1.) Since identical points have been raised in all the matters, the revisional applications are taken together to avoid the prolixity of repetition.

(2.) It is one of the unfortunate cases, which has come up before this court where the public authority have taken advantage of the situation arisen from their conduct and putting the petitioners to its detriment. A public authority is not supposed to act in a manner, more particularly, as an unscrupulous landlord and get the possession from the persons against whom the order for eviction has been passed.

(3.) Admittedly, the South-Eastern Railway, the opposite party herein, is a public authority and have right to recover possession from unauthorized occupants under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The petitioners have been treated as unauthorized occupants within the meaning of "unauthorized occupants" defined under Section 2(g) of the said Act. A notice under Section 4 of the said Act was issued by the Estate Officer and a proceeding was initiated against them. The said proceeding culminated into an order of eviction under Section 5 of the said Act and the said order appears to have been communicated to the petitioners. The said statute provides a statutory appeal against the order of the Estate Officer, which would be apparent from Section 9 of the said Act. The period, within which the appeal is to be filed, is also provided.