IMPORTANT POINT
The right to appeal is a statutory right and must be legitimately traceable to the statutory provisions.

JUDGMENT

1. This application under Article 227, has been filed challenging the order dated 04.07.2018 passed by the Meghalaya Board of Revenue, Shillong in Revenue Appeal No. MBR/RA/3/2013, whereby it has been held that the Appeal filed by the respondent No. 3 is maintainable under Section 8 of the Meghalaya Public Premises (Eviction of Unauthorised Occupants) Act, 1980 (hereinafter referred to as ‘The Act’). The main ground as set out by the petitioner to substantiate her case is that, as the petitioner was not found to be an unauthorised occupant by the Revenue Authority, that is the Additional Deputy Commissioner (Revenue) by order dated 21.06.2013, the said order had attained finality in terms of Section 9 of the Act. Further point that has been raised is that, an appeal would lie only in respect of an order of eviction passed under Section 4 of the Act or an order under Section 6 of the Act. It is contended therefore by the petitioner that, since the order appealed against by the respondent before the Court of Revenue is not against an order of eviction, such appeal is not provided in law and as such, the impugned order is beyond the jurisdiction of the Revenue Board and liable to be declared as such.

2. Heard learned counsel for the parties.

3. Mr. K. Ch. Gautam, learned counsel for the petitioner submits that the predecessor-in-interest of the petitioner was subjected to proceedings under the Meghalaya Public Premises (Eviction of Unauthorised Occupants) Act, 1980 whereby eviction was sought, under Section 3 of the Act, of a portion of land under her occupation on the ground that the same belonged to the respondent Municipal Board. Learned counsel submits that these proceedings culminated in the order dated 21.06.2013, whereby the Learned Additional Deputy Commissioner Revenue, East Khasi Hills District disposed of the case in favour of the petitioner. He further submitted that an Appeal was then preferred by the respondent under Section 8(1) of the Act, and the petitioner by way of a preliminary objection, challenged the maintainability of the appeal for the reason that a statutory appeal is available only against the orders of the Deputy Commissioner, against orders made under Section 4 or Section 6 of the Act for eviction of a person in unauthorised occupation of public premises and; for order of assessment and payment of arrears of rent payable in respect of public premises.

4. Learned counsel submits that the Board of Revenue, however by the impugned order held that the appeal was maintainable and accordingly had admitted the same for hearing on merits, which has compelled the petitioner to come before this Court by invoking Article 227 of the Constitution of India, questioning the jurisdiction of the Board of Revenue, to entertain the appeal. Learned counsel submits that grave illegality has been committed by the learned Board of Revenue, inasmuch as, it had failed to appreciate that an appeal under Section 8 of the Act can only be preferred in respect of public premises under Section 4 and 6 of the Act. Learned counsel has then invited the attention of the Court to the expression ‘public premises’ as defined in Section 2(f) of the Act, which he submits means any premises belonging to, or taken on lease or requisition by or on behalf of the State Government or a corporate authority. In this context he submits, ‘unauthorised occupation’ as given in the Act under Section 2(i), would mean the occupation by any person of public premises without authority, and that Section 4 of the Act which provides for eviction of unauthorised occupants, has clearly stipulated that an order of eviction can be made, if the Deputy Commissioner is satisfied that public premises are under unauthorised occupation. He submits that only against orders of eviction from public premises under Section 4 of the Act will an appeal be maintainable and not against an order which has found the occupant not to be in unauthorised occupation of any public