(1.) This is a petition for review of the order passed by this Court on 30th May, 1994 in Writ Petition No.3 of 1994. The writ petition was directed against the order dated 26-3-1994 of the Appellate Authority confirming the order dated 21-7-93 passed by the Prescribed Authority under the Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act, 1980 wherein, the petitioner was directed to hand over the vacant possession of the premises in question on or before 9-8-93. After hearing the learned counsel for the parties, the writ petition was dismissed on the ground that the petitioner had an alternative accommodation and that she had herself filed several applications before the above two authorities for time to vacate the said premises so that she could complete the construction of her building first. She was allowed time till 25-2-94 and thereafter was granted further time to vacate the quarter by 31-5-94 so that no hardship would be caused to her. However, while dismissing the writ petition, she was asked to vacate and hand over the possession of the said premises by 31-8-94.
(2.) The review petition was filed on 27-6-94. The learned counsel for the petitioner has submitted that the financial rules had not been brought to the notice of this Court and that the petitioner was paying the rent at the market rate and therefore, a relationship of landlord and tenant existed. As such, she cannot be evicted under the Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent Recovery) Act, 1980. This aspect was not considered by the Court while disposing of the writ petition and thus, there is an error apparent on the face of the record. He further submits that this review petition should be allowed, the impugned order should be set aside and the writ petition should be decided afresh. On the other hand, learned Advocate General has Vehementally opposed the review petition and has submitted that there is no error apparent on the face of the record and much indulgence has already been shown to the petitioner. While disposing of the writ petition, it was observed as under:-