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2005 Supreme(Jhk) 841

SUDHANSU JYOTI MUKHOPADHAYA, M.Y.EQBAL, N.N.TIWARI
SWAPAN KUMAR BANDOPADHYAY AND ETC. – Appellant
Versus
SAIL – Respondent


Advocates Appeared:
ANANDA SEN, ANJALI RAJ, INDRAJIT SINHA, JAI PRAKASH DHANDA, KAUSHIK SARKHEL, NIRANJAN SINGH, Om Prakash Singh, PAS PATIL, RITESH KUMAR BOBBY, SIDDHARTH RANJAN

Judgment :

S. J. MUKHOPADHAYA, A. C. J.

( 1 ) THE only question referred to and sought to be answered by this Bench in these appeals is where an appeal under Clause 10 of letters patent (commonly known as Letters patent Appeal - LPA) is maintainable against an order passed by a Single Judge under article 227 of the Constitution of India. ( 2 ) THE brief facts of the case are as follows: appellant Swapan Kumar Bandopadhyay of L. P. A. No. 312 of 2004 was an employee of m/s Bharat Refractories Limited (hereinafter referred to as M/s B. R. L. ). He was allotted a Flat No. 6013 in Sector IV-F at Bokaro steel City. Even after his dismissal from service, he did not vacate the official Quarter. On an application jointly preferred by bokaro Steel Plant of Steel Authority of India Ltd. (hereinafter referred to as the SAIL)and M/s B. R. L. , a proceeding under Public premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the 1971 Act) was initiated against the appellant, registered as A/e Case No. 21/97 before the Estate Officer, Bokaro Steel Plant. In the said case, the appellant filed an objection challenging the jurisdiction of the estate Officer, Bokaro Steel














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