GUWAHATI, India, May 25 -- Gauhati High Court issued the following order on April 23:

1. The instant petition under Article 226 of the Constitution of India has been filed challenging an order dated 20.03.2019 passed by the learned District Judge, Kamrup (M) in Misc Appeal No. 10/2017. The said Appeal was instituted by the petitioner under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (herein after Act) which was dismissed.

2. As per the facts projected, an eviction proceeding was initiated by the respondent - Railways in the year 2010, which was followed by a number of litigations including some in the High Court. Thereafter, a show cause notice was issued on 22.11.2017 culminating in the order dated 15.02.2018 directing eviction of the petitioner from the land of the Railways. The said order was put to challenge in the appeal indicated above which has been dismissed vide the impugned order dated 20.03.2019.

3. I have heard Shri P.J. Phukan, learned counsel for the petitioner. I have also heard Ms. R. Bora, learned Standing Counsel, Railways, Ms. A. Gayan, learned C.G.C., Shri J. Handique, learned State Counsel and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department.

4. At the outset, this Court would like to record the submission of Shri Handique, the learned State Counsel, who has raised the preliminary objection that orders passed in an appeal under Section 9 of the Act by the learned District Judge can be challenged only by an application under Article 227 of the Constitution of India. In this connection, Shri Handique has referred to the decision of the Hon'ble Supreme Court in the case Life Insurance Corporation of India vs. Nandini J. Shah reported in (2018) 15 SCC 356.The following observations have been pressed into service.

"49. In other words, the Appellate Officer while exercising power under Section 9 of the 1971 Act, does not act as a persona designata but in his capacity as a pre existing judicial authority in the district (being a District Judge or judicial officer possessing essential qualification designated by the District Judge). Being part of the district judiciary, the judge acts as a Court and the order passed by him will be an order of the Subordinate Court against which remedy under Article 227 of the Constitution of India can be availed on the matters delineated for exercise of such jurisdiction.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WnA2Xw33xBepNbA%2B0GNyLvgQ%2B2J%2FQn0qKjQc6KYfRep6&caseno=WP(C)/3277/2019&cCode=1&cino=GAHC010095742019&state_code=6&appFlag=)

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