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Civil · Reportable judgment

Savatram Rampratap Mills vs Radheyshyam S/O Laxminarayan Goenka (D) Thr. Lrs. & Anr.

Court
Supreme Court of India
Date
20 August 2018
Case No.
Civil Appeal No. 751 of 2008
Result
Dismissed
Bench
Abhay Manohar Sapre, Sanjay Kishan Kaul
Citation
[2018] 10 S.C.R. 929 : 2018 INSC 721
Supreme Court Reports [2018] 10 S.C.R. 929 : 2018 INSC 721
Headnote

Public Premises (Eviction of Unauthorized Occupants) Act, 1971: s.3(b) – Public Premises situated at Akola – Notice issued under the Act to attend proceedings at Mumbai – Whether the proceedings in relation to such public premises can be initiated under the Act at Mumbai or it has to be initiated at Akola – Held: The Estate Officer has to exercise its jurisdiction in relation to the public premises falling in the local limits in the notification – In the instant case, the proceedings in relation to such public premises could only be initiated at Akola, that being the area falling in the local limits specified in the notification for exercise of powers by Estate Officer.

Dismissing the appeals, the Court

HELD: Construing the expression “local limits within which” occurring in Section 3(b) of the Act, the High Court rightly held that the Estate Officer has to exercise its jurisdiction in relation to the public premises falling in the local limits specified in the notification. Since in this case, the notification in clear terms, specified that the Mill is situated at Akola, a fortiori, the proceedings in relation to such public premises under the Act could only be initiated at Akola-that being the area falling in the local limits specified in the notification for exercise of powers by the Estate Officer. The High Court was, therefore, right in interpreting Section 3(b) of the Act and, in consequence, was legally justified in quashing the notices impugned in the writ petition as being without jurisdiction. [Paras 15, 16] [932-E-G]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. In Civil Appeal No. 751 of 2008 1. This appeal is filed against the final judgment and order dated 16.01.2007 passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in L.P.A. No.46 of 2004 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and upheld the order dated 25.11.2003 passed by the Single Judge of the High Court in Writ Petition No.1795 of 2003 by which the writ petition filed by respondent No.1 herein was allowed and the order passed
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