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Eviction order passed under S. 5A of Public Premises Act not appealable

Full Bench of Allahabad High Court in Yogesh Agarwal vs. Union of India has held that eviction order passed under Section 5A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 is not appealable. Bench comprising of the Chief Justice Hon’ble Dr Dhananjaya Yeshwant Chandrachud, Justices Manoj Kumar Gupta and Yashwant Varma held that High Court in the exercise of its jurisdiction under Article 226 cannot create the remedy of an appeal. The power and jurisdiction to legislate for an appeal lies in the legislature. The Full bench was answering a reference to it by a Single Bench which doubted the correctness of judgment in Sanjay Agarwal vs. Union of India.

 Article referred: http://www.livelaw.in/eviction-order-passed-under-s-5a-of-public-premises-eviction-of-unauthorized-occupants-act-not-appealable-allahabad-hc-fb/

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