D.Y. Chandrachud, C.J.

The issue which falls for determination in the present reference to the Full Bench, turns upon the provisions of Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, [Act]. Section 9 provides for an appeal against an order of the Estate Officer made in respect of public premises under Section 5 or Section 5B or Section 5C or Section 7. As the Section stands, no appeal has been provided against an order of the Estate Officer under Section 5A. Yet, a Division Bench of this Court held in Sanjay Agarwal v. Union of India [Writ C. No. 14580 of 2012 decided on 26 March, 2012] that an appeal in respect of an order made under Section 5A is maintainable under Section 9. When this judgment was cited before the learned single Judge in a batch of writ petitions, the Court found itself unable to agree with the view in Sanjay Agarwal on the ground that the right to appeal is a statutory right and where the statute has not provided an appeal under Section 9 in respect of an order made under Section 5A, an appeal could not be maintained. Hence, the following questions have been referred for decision before the Full Bench [Order dated 16 O