M/S.JHARIA FIREBRICKS PVT.LTD Vs. M/S.BHARAT COKING COAL LTD. (B.C.C.L), GENERAL MANAGER, AREA VI, KUSUNDA AREA AND THE ESTATE OFFICER, AREA VI, KUSUNDA AREA

JUDGEMENT

(1.) Sri P.K. Prasad, Sr. Advocate assisted by Sri Rohit Roy, Advocate appears on behalf of the petitioner and Sri Ananda Sen, Advocate appears on behalf of the respondents. Pleadings are complete and as agreed between the respective parties, the writ petition is being decided finally at the admission stage.

(2.) Controversy involved in the instant writ application is whether the Estate Officer, Respondent no. 3 has jurisdiction to continue with the proceeding of Case No. 369 of 1988, pending before him under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971(hereinafter referred to as the P.P. Act). The proceedings commenced at the instance of respondent nos. 1 and 2 for eviction of the petitioner from the land comprised of plot nos. 32, 33, 153, 166, 167, 168, 183, and 203 of Mouza Dhansar, Thana no. 52.

(3.) The assertion on behalf of the respondents is that the aforesaid land vests with the respondents under the Nationalization Act and notice was issued to him under the P.P.Act. The petitioner appeared to show cause and submitted his objection on 12.8.1988 to which a rejoinder has also been preferred, but after a considerable delay.