Western Coalfields Ltd. & Anr. .. Appellant(s) Versus M/s Ballapur Collieries Company & Ors. .. Respondent(s)

Hon’ble Mr. Justice Abhay Manohar Sapre

Whether the eviction proceedings under the provisions of the Public Premises (Eviction of Unauthorized Occupation) Act, 1971 by Estate Officer – the appellants­ Government of India Company is maintainable ?

Apex court held No – confirmed the order of High court – 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. We, however, make it clear that the respondents will not be allowed to raise a plea that the suit is barred by limitation. Let the suit be filed within 6 months by the appellants against the respondents so as to enable the Civil Court to decide the same on merits in accordance with law.