The District Judge has the authority under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, to designate another judicial officer to hear and dispose of an appeal.

S.K. DHAON, J.

1. THE principal relief claimed in this petition is that the IIIrd Additional Civil Judge, Allahabad, may be restrained from hearing and disposing of an appeal pending before him under section 9 of the public premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act). In proceedings under the Act the Estate Officer, in his capacity as the Prescribed Authority, directed the eviction of the respondent no. 2 from a certain accommodation. THE respondent no. 2 preferred an appeal before the District Judge, Allahabad, being Misc. Appeal No. 60 of 1986. Admittedly the appeal was preferred under section 9 of the Act. It is averred in paragraphs 4 and 5 of the petition that in the first instance the District Judge transferred the appeal to the Court of the Additional District Judge for hearing and disposal. Later on he passed another order transferring the appeal to the Court of the IIIrd Additional Civil Judge, Allahabad, for hearing and disposal.

2. SECTION 9 (1) of the Act is relevant and is extracted:-

"An appeal shall lie from every order of the Estate Officer made in respect of any public premises under section 5 or SECTION 5-B or SECTION 5-C or SECTION 7 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 of the district of not less than ten years' standing as the District Judge may designate in this behalf."

The dictionary meaning of the expression "designate" is "to nominate or select for a duty, office purpose etc." The other meaning is "to appoint". As already stated the District Judge nominated the IIIrd Additional Civil Judge to hear and dispose of the appeal. The argument that the District Judge alone is empowered to dispose of the appeal preferred under section 9 and he has no jurisdiction to transfer the same to any other officer is based on the premises that neither the provisions of the Code of Civil Procedure are applicable to the proceedings under the Act nor can resort be had to the provisions as contained in the Bengal, Agra and Assam Civil Courts Act, 1887. The argument proceeds on the assumption that the District Judge could exercise the power of transfer only under section 24 of the Code of Civil Procedure. The submission is not tenable. The power of the District Judge to nominate or appoint some other judicial officer to hear and dispose of the appeal is contained in SECTION 9 itself. It is, therefore, not necessary to travel outside the provisions contained therein. There is no enchantment in the word "designate". The intention of the District Judge while nominating or appointing some other judicial officer has to be examined in each case. In this particular case it has already been shown that the District Judge, according to the petitioner itself transferred the appeal to the IIIrd Additional Civil Judge for hearing and disposal. By transferring the appeal for hearing and disposal the District Judge clearly intended to either nominate or select or appoint the IIIrd Additional Civil Judge for the purpose of hearing and disposing of the appeal. The designation of the IIIrd Additional Civil Judge is implicate in the words used by the District Judge while sending the case to him.

In Dwarka Prasad v. Central Talkies Ltd. Kanpur, AIR 1956 All. 187 the controversy was whether the Additional District Magistrate (Rural Area) was competent under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act, 1947 to grant permission to institute a suit for the eviction of a tenant. A suit for ejectment could not be instituted unless there existed the permission of the District Magistrate. Section 2 (d) of the aforesaid Act defined "District Magistrate" to include an officer authorised by the District Magistrate to perform any of his functions under the said Act. The District Magistrate passed an order: "Transfer to Additional District Magistrate (R. A.) for disposal".