Allahabad Court January 2016 Judgments

Yogesh Agarwal and Others Vs. Estate Officer and Others

Court: Allahabad

Dr. D.Y. Chandrachud, CJ. 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 Vs 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 Sec...