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1989 Supreme(All) 117

S.K.DHAON
SHYAM BABU – Appellant
Versus
XIITH ADDL. DIST. JUDGE, ALLAHABAD – Respondent


Advocates Appeared:
H.S.NIGAM

S. K. DHAON, J.


( 1 ) IN these three petitions the sole controversy is common. They are, therefore, being disposed of by a common judgment.

( 2 ) LONG back the Estate Officer, in the purported exercise of powers under S. 5 of the Public Premises (Eviction of Unauthorised Occupation) Act, 1971 (hereinafter referred to as the Act) passed separate orders of eviction of the petitioners from the public premises of which they were found to be in unauthorised occupation. These orders became final. For the purposes of evicting the petitioners from, and taking possession of, the public premises under the occupation of the petitioners the Estate Officer duly authorised one Sri Om Prakash, the Building Officer of the Cantonment Board, Allahabad. This authorisation was challenged by the petitioners by separate appeals. These appeals have been dismissed by the XIIth Additional District Judge by Separate but similar orders. The learned Judge has taken the view that the appeals are not competent under S. 9 of the Act. The legality of this view is being impugned in these petitions.

( 3 ) SECTION 3 empowers the Central Government to appoint Estate Officers for the purposes of the Act. Section 4 prov












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