SMT. BANO JAHAN BEGUM Vs. DISTRICT JUDGE

JUDGEMENT

(1.) By this writ petition under Articles 226/227 of the Constitution of India the petitioner seeks to quash the order dated May 4, 2002 of the learned District Judge, Jaipur City whereby the appeal of the petitioner preferred under Section 9 of the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (for short '1964 Act') was returned to the petitioner on the ground that it was not maintainable in view of Section 85 of the Wakf Act, 1995 (for short "1995 Act').

(2.) Sum and substance of the contention advanced on behalf of the petitioner is that appeal under Section 9 of the 1964 Act is not barred as right of appeal is a substantive right and not a procedural matter. Being a creature of statute of the nature and character of the right of appeal must be controlled by the provisions of the Statute, therefore, Section 85 of 1995 Act which does not include the term 'appeal', cannot be interpreted to mean that appeal against the order of Estate Officer is not maintainable under Section 9 of 1964 Act.

(3.) Section 85 of the 1995 Act provides thus: