CHAUTH MAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Matter has come up from the defect side, as there is a delay of 35-days in filing this special appeal against the order of the learned Single Judge dated 24.09.2007 by which the writ petition against the appellate order passed by the learned District Judge in exercise of the appellate powers under the Public Premises [Eviction of Unauthorized Occupants] Act 1971 (Central Act 40 of 1971) (herein after to be referred as the Act of 1971) was passed on 17th May, 2004 against the order of the Estate Officer passed on 25.06.2001.

(2.) We have heard the learned counsel for the appellant on the merits of the matter before examining the matter for condoning the delay.

(3.) So far as the merits of the appeal are concerned, we have gone through the appellate order passed by the learned District Judge against the order of the Estate Officer as SAW No.127/2008 well as the judgment of the learned Single Judge dismissing the writ petition.