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Judgment
Vipin Sanghi, CJ
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.
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.
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.
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.
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.
Pending application, if any, also stands disposed of.