L. PADMA KUMARI AMMA Vs. ESTATE OFFICER

JUDGEMENT

(1.) This revisional application arises out of an order dated October 04, 2018 passed in Estate Appeal No. 01 of 2014 by the learned Additional District Judge, Andaman and Nicobar Islands, Port Blair affirming the eviction order dated November 01, 2013 passed by the Additional General Manager ( Admin and HR)/ Estate Officer in eviction case No. DQ/2. The order impugned to this application has been challenged on the following grounds:-

(2.) The Learned advocate appearing on behalf of the opposite party, the Estate Officer submits that under section 9(1) learned District Judge and the learned Additional District Judge are equal and have identical power and as such, the learned Additional District Judge was competent to pass the order impugned to this revisional application.

(3.) She further submitted that from the documents filed before the learned court below along with written objection by the opposite party, it would appear that a proceeding was initiated by the Deputy Commissioner, South Andaman District for correction of the quantum of area under the BSNL, in the land bearing survey No. 2342/4 situated at Aberdeen Village. The BSNL was a company in incorporated under the Company?s Act, to which the business of providing the telecom services in the country, and as also the maintenance of telecom towers etc. was transferred by a notification dated January 23, 2001 issued by the Ministry of Communication, Department of Telecommunication. All asset and liabilities were transferred to BSNL. As such, BSNL with effect from October 01, 2001 had become the recorded tenant of the aforementioned land, in place of Post and Telegraph Department, which has been allotted the disputed land vide an order No. VI/18-46/65 dated July 24, 1965 for construction of staff quarters. Subsequently the same was handed over to BSNL.