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1995 Supreme(Ker) 325

P.K.BALASUBRAMANYAN
Sidharthan – Appellant
Versus
Estate Officer – Respondent


Judgment :-

Balasubramanyan J.

The petitioner challenges the decision of the Appellate Authority under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The petitioner has sought to invoke the jurisdiction of this court under Articles 226 and 227 of the Constitution. There cannot be any doubt that this court could exercise its Jurisdiction under Article 227 of the Constitution even if the Appellate Authority under the Act is treated as a court. But the jurisdiction under Article 226 of the Constitution to issue a writ of certiorari cannot be exercised in view of the decision of the Supreme Court in Naresh Sridhar Mirajkar v. State of Maharashtra (A.I.R.1967 SC 1).

2. I will first consider whether the Appellate Authority under the Act is a court or is only a persona design a. Section 9 of the Act provides that an appeal shall lie to an'Appellate Officer' who shall be the District Judge of the District in which the public premises are situate or such other judicial officer in that district of not less than ten year standings as the District Judge may designate in this behalf. Though sub-section 3 of Section 9 provides for certain matters, there is no provision in the









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