SHAKUNTALA MEHTA Vs. STEEL AUTHORITY OF INDIA LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner preferred Miscellaneous Appeal No. 23 of 2012 challenging the order passed by learned Estate Officer under Public Premises (Eviction of Unauthorized Occupants) Act, 1971 dated 6th October, 2006. Petitioner's appeal has been rejected by the impugned order (Annexure4) dated 12th June, 2013 by the Court of Principal District Judge, Bokaro.

(2.) Perusal of the impugned order shows that petitioner approached the writ court for quashing of the order dated 6th October, 2006 and the same was rejected in W. P. (C) No. 5929 of 2006 vide order dated 7th February, 2007. Petitioner's appeal L. P. A. No. 98 of 2007 before learned Division Bench of this Court was also dismissed on 25th April, 2012. Thereafter, petitioner has preferred Miscellaneous Appeal before the court of learned Principal District Judge, Bokaro invoking the appellate remedy. It transpires that one C. M. P. preferred against the order passed in L.P.A. was also dismissed by Division Bench. Noticing these facts, the learned court below found that the appeal in its form is hopelessly barred by limitation. Accordingly, it was dismissed at the stage of admission.

(3.) Counsel for the petitioner submits that a resolution of the Ministry of Urban Development and Poverty Alleviation ( Directorate of Estates) dated 30th May, 2002 prescribed guidelines for preventing arbitrary use of powers to evict genuine tenants from public premises under the control of Public Sector Undertakings/financial institutions.