Western Coalfields Ltd. vs Ballarpur Collieries Co.

Western Coalfields Ltd. & Anr. .. Appellant(s)

Versus

M/s Ballapur Collieries Company & Ors. .. Respondent(s)

WITH

CIVIL APPEAL No.4488 OF 2009

J U D G M E N T

Abhay Manohar Sapre, J.

Signature Not Verified Digitally signed by 1. These appeals are filed against the common ANITA MALHOTRA Date: 2018.12.11 17:50:50 IST

final judgment and order dated 22.01.2007 passed Reason:

1

by the High Court of Judicature at Bombay, Nagpur

Bench, Nagpur in Civil Revision Application Nos.

801 & 803 of 2002 whereby the High Court allowed

the revision petitions filed by respondent Nos.1­8

herein.

2. The proceedings in question which are subject

matter of these appeals arise out of initiation of

eviction proceedings by the appellants­ Government

of India Company against the respondents under

the provisions of the Public Premises (Eviction of

Unauthorized Occupation) Act, 1971 (hereinafter

referred to as “the Act”) in relation to the suit

property.

3. By impugned order, the High Court in the

revision petitions filed by respondent Nos.1­8 herein

under Section 9 of the Act against the order of the

District Judge allowed the revision petitions and

held that having regard to the nature of controversy

2 and factual issues raised by the parties against

each other in the eviction proceedings, the proper

remedy of the appellants would be to file a civil suit

against the respondents for their eviction from the

suit properties rather than to take recourse to the

summary remedy of eviction under the Act before

the Estate Officer.

4. The appellants felt aggrieved by the said order

and have filed these appeals by way of special leave

in this Court.

5. Having heard the learned counsel for the

parties and on perusal of the record of the case and

the written submissions filed by the appellants, we

are inclined to agree with the observations made by

the High Court in the impugned order.

6. In our opinion, keeping in view the nature of

the factual controversy raised by the parties before

the Estate Officer, the proper remedy of the

3 appellants would be to file civil suit against the

respondents for their eviction from the suit

properties under the general law rather than to take

recourse to the summary remedy of eviction

provided under the Act.

7. We, therefore, do not express any opinion on

the issues raised by the appellants in their written

submissions and accordingly grant liberty to them

to file a Civil Suit in the competent Court of

jurisdiction against the respondents for their

eviction in relation to the suit properties and raise

all such pleas in the suit on merits.

8. We, however, make it clear that the

respondents will not be allowed to raise a plea that

the suit is barred by limitation.

9. Let the suit be filed within 6 months by the

appellants against the respondents so as to enable

4 the Civil Court to decide the same on merits in

accordance with law.

10. With these observations, the appeals are

accordingly disposed of.

………………………………..J (ABHAY MANOHAR SAPRE)

…..………………………………J. (INDU MALHOTRA) New Delhi, December 11, 2018

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