1. Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Girish Godbole, learned Senior Counsel for the Petitioner, and Mr. Suresh Kumar, learned counsel for Respondent No.1.

2. By this Writ Petition, preferred under Article 227 of the Constitution of India, the Petitioner is challenging the Judgment and Order dated 15th January 2018 passed by the District Judge-9, Pune, in Civil Appeal No.607 of 2011, filed by the Petitioner challenging the order dated 26th August 2010 passed by the Estate Officer, under Section 5- A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, in respect of the suit property bearing Survey No.289, (Old Gat No.2340) New Gat No.1354/2, admeasuring 5.54 R, situate at Village Wagholi, Taluka Haveli, District Pune.

3. As per the case of the Petitioner, the said property was originally belonging to one Chandar Krushnaji Dhole. By virtue of the registered Sale Deed dated 17th August 1996, Petitioner has conveyed the said property and handed over possession of the same to one Mr. Vitthal Laxmanrao Tambe. In his turn, Mr. V.L. Tambe had conveyed the said property to Mr. Jitendra Bhatewara and four others by the registered Sale Deed, the mutation entry of which was made by M.E. No.9219. Thereafter, Mr. Jitendra Bhatewara had sold the said property by registered Sale Deed dated 24th August 2001 in favour of Respondent No.3.

4. Respondent No.3 has, thereafter, filed the Suit, bearing Regular Civil Suit No.1715 of 2001, in the Court of Civil Judge, Senior Division, Pune, on 9th November 2001, simplicitor for injunction, restraining Respondent No.1 herein from disturbing his possession over the suit property. During pendency of the Suit, Respondent No.3 has conveyed the said property to Respondent No.2 by registered Sale Deed dated 12th April 2005. The Suit, filed by Respondent No.3, came to be dismissed on merits by the 7th Additional Civil Judge, Senior Division, Pune, vide Judgment and Order dated 22nd September 2006. Being aggrieved thereby, Respondent No.3 preferred Civil Appeal No.742 of 2006 in the District Court, Pune, which came to be dismissed for default on 12th January 2009. However, in the meanwhile, Petitioner has taken up the said property for development by virtue of 'Agreement of Development' and 'Power of Attorney' dated 30th December 2006 from Respondent No.2 and subsequently, purchased the said property by registered Sale Deed dated 13th October 2008.

5. Thus, according to the Petitioner, he is in lawful possession of the suit property. He has also carried out construction over the said property, after obtaining 'N.O.C.' from the Gram Panchayat, Wagholi, on 5th October 2009. In this backdrop, on 26th August 2010, Petitioner was surprised to receive the impugned notice-cum-order from the Estate Officer (Respondent No.1 herein) under Section 5-A(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, (for short, “Public Premises Eviction Act”).

6. The said notice was issued in the name of Respondent No.3. On making enquiries with Respondent No.3, Petitioner came to know about the earlier litigation and then, he challenged the said notice in the Appellate Court of District Judge-9, Pune, by preferring Appeal, under Section 9 of the Public Premises Eviction Act, to set aside the order dated 26th August 2010. The learned Appellate Court was, however, pleased to dismiss the said Appeal on the count that, it was not maintainable under Section 9 of the Public Premises Eviction Act, on the count that, against the notice issued under Section 5-A(2) of the Public Premises Eviction Act, there is no provision of Appeal.

7. This Judgment and Order of the Appellate Court is challenged in this Writ Petition by learned Senior Counsel for the Petitioner by submitting that, the impugned order dated 26th August 2010 is, on the face of it, illegal, void ab-initio and the same is contrary to the provisions of Sections 4