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Supreme Court of India 2018-02-20 allowed

Life Insurance Corporation of India vs Nandini J. Shah & Ors

Bench: 3 — A.M. Khanwilkar

In Brief

Life Insurance Corporation of India sought to evict unauthorised occupants from public premises and claimed damages. After an eviction order by the Estate Officer and confirmation by the City Civil Court's Appellate Officer, respondents filed a writ petition in the High Court. A Single Judge dismissed it. Respondents filed a Letters Patent Appeal before the Division Bench, which allowed it. The Supreme Court held that since the Appellate Officer under Section 9 of the Public Premises Act functions as a civil court (not persona designata), challenges to their orders must be filed only under Article 227, not Article 226. Therefore, no intra-court Letters Patent Appeal was maintainable against the Single Judge's decision. The Court set aside the Division Bench judgment and dismissed the appeal as not maintainable.

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Constitutional Law Administrative Law Judicial Procedure High Court Jurisdiction Letters Patent Appeal Writ Jurisdiction

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