WPMS/447/2023
2023 Latest Caselaw 571 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                  WRIT PETITION (M/S) NO. 447 OF 2023
                             02ND MARCH, 2023
BETWEEN:
M/s Vantage Biotech Pvt. Ltd.                                     .....Petitioner.
And
City Magistrate Haldwani & another                                ....Respondents.

Counsel for the Petitioner : Mr. Bhupesh Kandpal, learned counsel.

Counsel for the State : Mr. Yogesh Tiwari, learned Standing Counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioner has preferred the present writ

petition to assail the eviction order dated 31.01.2023, passed

by the Court of City Magistrate, Haldwani, Nainital, in her

capacity as the Estate Officer, under the Public Premises

(Eviction of Unauthorized Occupants) Act, 1972.

2. The submission of learned counsel for the petitioner

is that since the said order has been passed without granting

any opportunity to the petitioner to defend the said

proceedings, the same is a nullity.

3. I am not inclined to go into the said aspect in these

proceedings, as the petitioner has an efficacious alternate

remedy by way of an appeal under Section 9 of the Public

Premises (Eviction of Unauthorized Occupants) Act, 1972,

before the District Judge.

4. Proceedings under Section 9 of the Public Premises

(Eviction of Unauthorized Occupants) Act, 1972, before the

appellate authority are a full fledged appellate proceeding,

and it shall be open to the Appellate Court to call for the

record of the Estate Officer, and examine the same to

appreciate the aforesaid plea of the petitioner.

5. This petition is accordingly dismissed with liberty to

the petitioner to prefer an appeal under Section 9 of the

Public Premises (Eviction of Unauthorized Occupants) Act,

1972. The period for which this writ petition has remained

pending in Court, from the date of filing till today, shall be

excluded from the period of limitation under Section 14 of the

Limitation Act, in case the petitioner prefers an appeal.

6. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

Dated: 02nd March, 2023 NISHANT