Unauthorised occupant status depends on lawful termination of licence; petition dismissed, with liberty to begin fresh proceedings.

A petition challenging an appellate order was not entertained because the appeal against the Estate Officer's order was held not maintainable. The appellate authority also upheld the factual finding that the respondent's licence had not been lawfully terminated, so the respondent could not be treated as an unauthorised occupant under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petition was dismissed, but the petitioner was left free to initiate fresh proceedings in accordance with law after valid termination of the licence.

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Issues: Whether the petition challenging the appellate order was liable to be entertained when the appeal against the Estate Officer's order was held not maintainable; whether the respondent could be treated as an unauthorized occupant in the absence of lawful termination of licence.

Analysis: The appellate authority had held that no appeal lay against the Estate Officer's dismissal of the application under Sections 4 and 7 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. It also affirmed the factual finding that the respondent's licence had not been terminated in accordance with law and, therefore, the respondent could not be treated as an unauthorized occupant. These were findings of fact, and the petitioner's remedy was to take fresh action in accordance with law after valid termination of the licence.

Conclusion: The petition was not entertained and was dismissed, while leaving the petitioner at liberty to initiate fresh proceedings in accordance with law.

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