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2009 Supreme(Raj) 1784

PREM SHANKER ASOPA
Prem Nath Motors Pvt. Ltd. : Prem Nath Motors Pvt. Ltd. – Appellant
Versus
Addl Distt. Judge No. 1, Jaipur City : Jaipur Development Authority – Respondent


Advocates:
For the Petitioner:R.D. Rastogi, Advocate.
For the Respondent J.D.A.:Alok Sharma, Advocate.
For the Respondent No.3.:G.L. Pareek, Advocate.

JUDGMENT

1. By this common order, two writ petitions - SBCWP No.3245/2008 and 8055/2008 arising out of interim order dated 13.2.2008 of appellate authority and final order dated 18.8.2006 in the same set of proceedings upholding declaration of the appellant as unauthorised occupant, are being decided.

2. In SBCWP No.3245/2008, the petitioner has challenged the interim order dated 13.2.2008 (Anx.1) passed by the Additional Distt. Judge No.1, Jaipur City, Jaipur in the capacity of Appellate Authority under the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (in short 'the Act of 1964') whereby the appellate authority has allowed an opportunity of producing evidence before it by the parties while disposing of the application under Order 41 Rule 27 Civil Procedure Code.

3. SBCWP No.8055/2008 is directed against the final order dated 12.8.2008 (Anx.26) passed in Civil Appeal No.14/2008 (46/07) whereby the appeal filed by the petitioner against the order dated 14.6.2007 of the Estate Officer has been rejected.

4. Although the order dated 13.2.2008 merged in the final order dated 12.8.2006 but since the writ petition is still pending, therefore, both the writ petitio










































































































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