R.L.NARASIMHAM, B.N.JHA
Bhartiya Hotel – Appellant
Versus
Union Of India – Respondent
Narasimham, J.
1. This is an application under Article 226 of the Constitution to quash the ureter dated the 16th March, 1966 passed by the Estate Officer purporting to act under the provisions of the Public Premise- (Eviction of Unauthorised Occupants), Act, 1958 (32 of 1958) (hereinafter referred to as the Act) holding that he had jurisdiction to take appropriate steps under that Act tor the eviction of the petitioners from plot No. 6046 in mahalla Ratan-pura of Chapra Town. The railwav authorities claimed the plot to be railway property, and hence applied to the Estate Officer appointed under the Act for taking necessary steps for the eviction of the petitioners who were alleged to be unauthorised occu-pantb of the same. The petitioners, however, objected to the jurisdiction of the Estate Officer to continue the proceeding for eviction on the ground that there was a previous proceeding before the Revenue authorities under the provisions of the Bihar Public Land Encroachment Act, 1956 (Bihar Act XV of 1956) (hereinafter referred to as the Bihar Act), which was fought by the parties concerned up to the Court of the Commissioner of the Division. All the three Revenue author
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