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2014 DIGILAW 1074 (CAL)

B. C. Shaw v. Union of India

2014-11-17

ISHAN CHANDRA DAS, JAYANTA KUMAR BISWAS

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JUDGMENT : Jayanta Kumar Biswas, J. 1. The appellant in the AST is aggrieved by a single Judge decision dated September 16, 2014 dismissing its WP No. 15067 (W) of 2014 under Article 226 of the Constitution of India. 2. The petitioner filed the WP questioning an eviction order dated March 10, 2014 under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The single Judge held that the petitioner’s remedy, if any, was before the District Judge under section 9 of the Act. 3. On a previous occasion, Mr. Bhattacharya appearing for the appellant was accommodated for taking instructions whether the appellant would accept the single Judge decision directing it to go to the section 9 forum or proceed with the appeal. On that occasion Mr. Bhattacharya argued that the appellant had been contending that the provisions of the Act were not applicable to the case. 4. Today Mr. Bhattacharya has submitted as follows. He has taken instructions that the appellant is willing to go to the District Judge under section 9 of the Act. But the appellant is apprehending a difficulty that may arise because of the observations made by the single Judge in his decision. Hence the appellant has decided to request the Division Bench to say that the District Judge should decide the section 9 appeal remaining uninfluenced by anything said by the single Judge in his decision. 5. Mr. Das has appeared for the Union of India and he has supported the single Judge decision. 6. In view of the above-noted situation, we are of the opinion that it will be appropriate to dispose of the AST and the ASTA for stay saying that if the appellant files the section 9 appeal, then the District Judge shall decide the appeal remaining uninfluenced by anything said by the single Judge in his decision. 7. For these reasons, we dispose of the AST and the ASTA saying that if the appellant files the section 9 appeal, then the District Judge shall decide the appeal remaining uninfluenced by anything said by the single Judge in his decision. The single Judge decision shall be deemed to be modified to this extent. No costs. Certified xerox.