This petition has been placed before the Full Bench pursuant to order dated 15.11.2011 by the Division Bench of this Court (Coram: S.A.Bobde and Smt.V.K.Tahilramani, JJ.) referring the following question for consideration before the Larger Bench:-

"Whether a writ petition arising out of order passed under the Public Premises (Eviction of Unauthorized Occupants) Act,1971 should be placed before a learned Single Judge of this Court in accordance with Rule 18(3) of the Chapter XVII of the Bombay High Court Appellate Side Rules,1960 or should be placed before a Division Bench?"

2. The reference has been made by the Division Bench on account of the views expressed by another Division Bench of this Court (Coram: Rebello F.I. & Bhatia J.H., JJ.) in Nusli Neville Wadia Vs. New India Assurance Co.Ltd. & Anr., 2010 (4) Bom.C.R. 807 taking the view that the Public Premises (Eviction of Unauthorised Occupants) Act 1971 (hereinafter referred to as "the Public Premises Act") deals with the subject which is covered by Article 323-B(2)(h) of the Constitution of India, and therefore, the direction of the Supreme Court in the case of L.Chandra Kumar Vs. Union of India & Ors., (1997) 3 SCC 26